Concern over New Criminal Background Check Guidelines

The new guidelines recently issued by the Equal Employment Opportunity Commission has raised concerns for employers everywhere who feel the new “recommendations” are a slap on the wrist for attempting to maintain a safe environment for employees and customers. The EEOC has recently voted to strongly advise employers to not inquire about criminal conviction on employment applications. While not an outright ban on criminal background screening, the new guidelines suggest employers may find themselves on a tighter leash when using a background check as grounds for denial of employment.

“NRF is pleased that the commission took time to listen to the retail industry but we are still very much concerned that the guidelines recommend ‘banning-the-box’ on job applications and restrict employers’ ability to ensure the safety of their workers and customers,” NRF Senior Vice President for Government Relations David French said. “NRF will continue to hold conversations with the commission, stakeholders and other business organizations on the importance of background checks.”

A 2011 National Retail Federation survey found that 97 percent of retailers use background checks as an element in the hiring process while 87 percent use criminal background screenings.

“Retailers have both a legal requirement and moral responsibility to ensure a safe workforce and secure workplace,” French said. “Background screenings are an essential aspect of the hiring process for businesses and provide employers a better sense of the individuals they are putting into their workforce, representing their company and interacting with their customers.”