The Equal Employment Opportunity Commission (EEOC), under Title VII of the Civil Rights Act of 1964, prohibits employers from making certain automatic decisions that would adversely affect the hiring decision based on criminal records and/or credit reports.
The reasoning behind this prohibition is "disparate impact," where a seemingly neutral policy (like denying someone based on information in their background report) disproportionately affects certain groups, such as underrepresented minorities.
The EEOC put forth new guidance in April, 2012 with respect to individualized assessment when considering criminal records in the hiring process. Among the guidelines in the EEOC's 2012 guidance, the factors featured most prominently in the guidance are:
- The nature and gravity of the offense
- The time that has passed since the offense, conduct, and/or completion of sentence
- The nature of the job held or sought
This is known as "nature-time-nature." In other words: “How severe was the offense? How much time has passed since the offense? How relevant is the offense to the job?”
When reviewing background reports in line with the EEOC's guidance, you should always consider these three factors before making a final decision.
When potentially adverse information appears on a report, Checkr marks the report as consider, which draws the attention to the portion(s) of the report which may contain the adverse information. This encourages adjudicators to review reports individually, instead of making blanket pass/fail decisions.
Additionally, Checkr's Positive Adjudication Matrix helps you comply with EEOC guidance more effectively and consistently by de-emphasizing offenses in line with your adjudication criteria that are less severe, further in the past, or irrelevant to your job.