According to the Equal Employment Opportunity Commission, if current incarceration rates continue, 1 in 3 African-American men and 1 in 6 Hispanic men will be incarcerated during their lifetimes. The rate for white men is only 1 in 17. Given this disparity in incarceration rates, the EEOC has long been concerned that employer policies restricting hiring based on prior criminal convictions may unfairly deprive minorities of employment opportunities.

In Enforcement Guidance issued on April 25, 2012, the EEOC outlined its approach for determining whether an employer’s criminal history screening policies violate Title VII on the grounds of either “disparate treatment” or “disparate impact.”
Continue Reading EEOC Guidance Highlights the Risks of Using Criminal History Checks in Hiring

There has been a lot of backlash against the practice of employers asking potential employees for their Facebook password. So much so that U.S. senators are calling on the EEOC and the U.S. Department of Justice to launch an investigation to determine whether this practice is lawful. Facebook is also weighing in and threatening legal action against employers who engage in this practice.

In this blog post I provide a brief video update on the Facebook story and describe best practice alternatives to relying on social media in employee hiring.
Continue Reading How to screen job applicants without asking for the Facebook password

Employers engaging in business where employees have “significant likelihood of regular contact with children” should be paying close attention to the amendments to Pennsylvania’s Child Protective Services Act, also know as Act 73. Act 73 became effective on July 1, 2008, and has taken many employers off guard.

Act 73 expands criminal background check requirements