Legally Obtaining and using Criminal Records, and the Impact of the EEOC and Ban the Box

from Russel Stuart

Overview:
Conducting background checks on new hires is a critical part of an employer's due diligence obligations.

Those checks typically include looking at past criminal matters. However, use of criminal records and hiring has become a complex and highly regulated area for employers. Employers must understand the legal limitations on the use of a criminal record, including state and local Ban the Box and Fair Chance hiring laws as well as the EEOC Guidance on the use of criminal records issued in 2012.
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