Friday, April 27, 2012
EEOC "Guidelines" on Arrest and Conviction Records
In an attempt to tie the hands of employers just a little bit tighter, the EEOC has issued guidelines related to hiring decisions on individuals with arrest and conviction records. The new guidelines state that employers must show that when using a criminal record to exclude a candidate for a job, the exclusion is related and consistent with business necessity or the exclusion is unlawful under the Civil Rights Act. The new guidelines don't stop there. The guidelines also state that an arrest is not sufficient to deny employment. The employer must make the decision to employ based on the conduct underlying the arrest. In other words, the conduct leading to the arrest needs to be used in determining if the candidate is unfit for the job. The EEOC also prohibits using a policy excluding everyone with criminal record to deny employment. Recently, Progressive Maryland, a far left organization based in Montgomery County, Maryland, had been attempting to re-write Maryland law to include what the EEOC has done with their most recent "clarification." In an effort to protect our patients and their families as well as our employees, we will continue to thoroughly screen candidates for positions at WMHS; it is just that the EEOC made our job more difficult as we work to protect our most vulnerable individuals.