Employers often conduct criminal background checks during the hiring process. Advances in technology have made accessing applicants’ criminal history oftentimes as easy as pressing a button. As a result, employers may discover criminal records more frequently than in the past.
Information regarding an applicant’s criminal history creates a dilemma for employers who wish to hire the best people for the job while avoiding claims of discriminatory hiring practices. A protected-status applicant who is rejected from a job solely because of a criminal record may allege a disparate impact claim under Title VII of the Civil Rights Act of 1964, or the California Fair Employment and Housing Act. Disparate impact occurs when an employer’s facially neutral policy, like a criminal-conduct exclusion, disproportionately impacts a protected-status group.
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