"Sorry, but we don’t hire criminals. But thank you for applying."

A dramatic increase in the use of criminal background checks has thrown up a "red flag" to the Equal Employment Opportunity Commission (EEOC). As part of its five-year initiative started in 2008 known as E-RACE (Eradicating Racism and Colorism from Employment) the EEOC has gotten extremely aggressive in going after companies that it perceives as having "blanket policies against the hiring of felons." So much so that in a lawsuit filed against a well-known temporary staffing firm, the Court found that the EEOC had, "continued to pursue the case despite overwhelming evidence that its claims against [the company] were meritless." 

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. Ban the Box may seem fair to ex-cons entering an already over-saturated job market, but it could be a “Pandora’s Box” for employers - opening them up to a Tsunami of fines and lawsuits for non-compliance!

Disqualifying candidates for criminal records may seem fair to most employers. But not hiring an ex-con who had all the right requirements simply because they disclosed a criminal record could result in a very expensive cost of hire- in litigation fees!

So how can you protect your business and ensure your hiring methodologies are in compliance with the EEOC, State and municipal laws during your hiring process?

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

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