Background checks in the employment context have increasingly come under fire. In April, an applicant for a bus driver position filed a class action lawsuit against Southeastern Pennsylvania Transportation Authority (SEPTA) after he was disqualified due to a 20-year-old drug conviction. The lawsuit, Long v. Southeastern Pennsylvania Transportation Authority, 2:16-cv-01991 (E.D.Pa. April 27), reenergized the debate about the legality of background checks and the relevance of an applicant’s criminal history.
The U.S. Equal Employment Opportunity Commission (EEOC) has addressed the issue at length, including most recently in 2012, when it issued guidance for employers in response to alarming statistics that conviction and incarceration rates were disproportionally high for certain protected classes. The guidance addresses Title VII implications on the usage of criminal history and provides employers with best practices for complying with the law and avoiding liability.
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