EEOC Changes Background Check Guidelines | Denver Criminal Defense Lawyer

The Bottom Line reports on new guidelines that have been adopted by the Equal Employment Opportunity Commission (EEOC) to set up new rules for employers conducting criminal background checks on job applicants. Guidelines have long existed for this purpose, but when the EEOC adopted the old guidelines, criminal background checks on prospective employees were relatively unusual, partly because without the internet it was a much more time-consuming and complicated process. Now, more than 70% of employers are estimated to run criminal background checks for every job applicant, which the EEOC believes may put minorities at a disadvantage in the job market. About 1 in 3 black men in the United States spends time in prison, compared to 1 in 17 white men. Because of statistics like this, the focus of the new guidelines is to consider three primary issues when looking at criminal records: the nature of the crime, the time elapsed, and the nature of the job. It may not be appropriate to eliminate an applicant from consideration on the basis of a single conviction, many years earlier, for a charge that has no bearing on the job in question.

The long-term consequences of criminal charges can be severe. If you have been charged with a crime, speak with an experienced Denver criminal defense lawyer immediately.

The new guidelines are rooted in their intent in Title VII of the Civil Rights Act of 1964. The emphasis of the guidelines is on ensuring equal footing relating to racial and ethnic issues for all applicants to a given job; members of ethnic minorities are more likely to be arrested, statistically, so using an arrest record as a sole reason not to consider an applicant creates an unequal footing. The EEOC does not have the authority to eliminate criminal background checks for job applicants, but hopefully these guidelines will help ensure that careful consideration is given to them, so that those with a criminal history can still have a fair chance at getting a job if they are qualified for it.

No one is perfect, and everyone makes mistakes. No one should have to be unemployed forever because they made one mistake. If you are facing criminal charges, speak with a dedicated Denver criminal defense lawyer immediately to protect your rights. Difficulty finding work is only one of the potential long-term consequences of criminal charges. Alaurice Tafoya-Modi is a Denver criminal defense lawyer who has helped many people get the best possible outcome after criminal charges. Mrs. Tafoya-Modi believes that not only is everyone innocent until proven guilty, but that anyone can find themselves in a tough spot. She believes that compassion for her clients who have found themselves in those tough spots is a key to her success in helping them. For more information and a FREE CONSULTATION contact Alaurice at The Tafoya Law Firm at (303)813-1100.


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