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andis
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2011-03-24 12-11-08 |
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Article Pt II
One concern of the EEOC is criminal background checks’ disparate impact on minorities, experts note. According to the Department of Justice’s Bureau of Justice Statistics, as of June 2008, with more than 2.3 million inmates held in prison or jails, black males were incarcerated at 6.6 times the rate of white males. “Studies reveal that some employers make selection decisions based on names, arrest and conviction records ... all of which may disparately impact people of color,” says the EEOC in discussing its E-RACE initiative, which is intended to “identify issues, criteria and barriers that contribute to race and color discrimination.” Employers must also comply with the federal Fair Credit Reporting Act and parallel state laws, which require firms to first get applicants’ approval of background checks and to notify applicants if the information uncovered can result in a negative employment decision. Meanwhile, each state has its own laws with regard to how criminal background checks may be used. In Pennsylvania, applicants can generally be denied a position only when the job is related to their crime, said Carrie B. Rosen, a member of law firm Cozen O’Connor in Philadelphia. An employer is “going to have a hard time arguing” a secretarial job applicant should be rejected because of a drunken driving conviction, she said. Other states, such as New York, have a multifactor test, Rosen said. New York’s law, which took effect in February, generally prohibits discrimination on the basis of criminal offenses and says factors including job responsibilities, the time elapsed since the crime was committed, the applicant’s age at the time, and the seriousness of the offense must be taken into account. In California, an employer cannot take adverse action against an applicant if a person is arrested, but not convicted; if the criminal offense is more than 7 years old; or if the person was put into a community service-type program, Ashe said. The state also forbids employers from even asking about marijuana-related convictions that are more than 2 years old.
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