It can be difficult for a hiring manager to know how to consider an individual’s record when making decisions. Although the Fair Credit Reporting Act (FCRA), state and local legislation and best practice policies of screening companies offer guidance on the subject, additional factors apply, such as the Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act. The Equal Employment Opportunity Commission (EEOC) recommends the following when using criminal records in hiring decisions: treat applicants with similar criminal records consistently; avoid using a policy that excludes individuals with certain criminal records if the policy significantly disadvantages a particular group, race, national origin, etc.; waiting until later in the process to ask about an applicant’s criminal history; determining how the applicant’s criminal history relates to the job; treating arrest records differently than convictions; reviewing the accuracy and relevance of a conviction record before taking action; giving applicants an opportunity to explain their criminal history; conducting an individualized assessment and review of the criminal records, and providing an opportunity for the applicant to demonstrate that they should not be excluded from the position.
