EEOC Enforcement Guidance
Employers must use the “nature/time/nature” test as described by the EEOC 2012 guidance on using criminal records in employment decisions.
Described as a “targeted screen” or “Green factors,” this provides for:
1. Weighing the nature of the offense.
2. How long ago it occurred.
3. The nature of the position.
Further, employers must either conduct an individualized assessment OR show that your screening policy makes the distinction between candidates who pose an
A. “acceptable risk” versus
B. “unacceptable risk”
You are required to prove that the conviction has direct bearing on a candidate’s ability to do the job.
Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, and releases to be completed online by the applicant.
We provide several short videos to easily acquaint you with the system.
This really does make the background check process easy
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None of the information contained in this web site should be construed as legal advice.
All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.