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Guess Who’s Coming to Fill Out Your Job Applications?

by Blake Forrester 5/31/2011 7:38:00 AM

The Supreme Court has ordered California penal authorities to release 45,000 inmates to relieve state prisons that the Court has said are dangerously overcrowded. The controversial 5-4 ruling, one of the largest court ordered prisoner releases in the nation’s history, sharply divided the Court.

Beyond the obvious public safety concerns, such a massive early release of prisoners is bound to have enormous impacts on the community. In a dissenting opinion Justice Antonin Scalia called the ruling "staggering" and "absurd."  An understatement, when you stop to think about two very important issues the Judges who voted in favor of the ruling failed to consider: Where are these tens of thousands of ex-offenders going to live? And where are they going to find work?

If you are operating a business and you are not already one of the three out of four businesses nationwide that currently performs background checks, which can include criminal checks, as part of your preemployment application process – this news probably tells you it’s way past time you do so.

But not so fast! Yes, with suddenly 45,000 potential applicants with criminal records soon to be banging on your doors looking for work, it is probably more important than ever that you screen you applicants. But, if you do so improperly you could find yourself in hot water with the EEOC!    

The dramatic increase in the use of criminal background checks even before this court ordered prisoner release, has thrown up a “red flag” to the Equal Employment Opportunity Commission (EEOC). The commission has gotten extremely aggressive in going after companies that it perceives as having “blanket policies against the hiring of felons.” But the EEOC is not alone. State legislation such as “Ban the Box” is sweeping across the country and has now trickled down to the municipal level.

With potentially thousands of new applicants with criminal records looking for work thanks to this ruling, you have every right to protect your business. But you also need to do it right, to protect yourself from legal landmines and costly litigation!

Fortunately, Pre-employ.com a pioneer in pre-employment background screening services is offering a valuable Free Guide, 5 Tips: Avoiding Litigation during the Hiring Process.( http://www.pre-employ.com/bestpractices). The Guide is a helpful tool for employers who desire to proactively address potential liability in their employment application and hiring process. This guide was written with input from over a dozen of the nation’s leading attorneys in the employer defense arena.

Fortunately, Pre-employ.com a pioneer in pre-employment background screening services is offering a valuable Free Guide, 5 Tips: Avoiding Litigation during the Hiring Process.( http://www.pre-employ.com/bestpractices). The Guide is a helpful tool for employers who desire to proactively address potential liability in their employment application and hiring process. This guide was written with input from over a dozen of the nation’s leading attorneys in the employer defense arena.

In addition, employers can request and download the EEOC documents surrounding the litigation of three employers charged in the E-RACE initiative. Pre-employ.com can review your current screening program and ensure you are fully compliant with the FCRA and EEOC. Take advantage of our Free Analysis today http://www.pre-employ.com/quote

*We welcome relevant comments and questions from consumers, experts, and human resources professionals. Please do not submit comments with advertisements as they will not be posted publicly. Thanks for visiting our blog!

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