Jump directly to the content

EEOC Issues Guidance on Background Checks

What churches should note for screening policy.

The U.S. Equal Employment Opportunity Commission issued significant new guidance on April 25, 2012, addressing the use of criminal background checks by employers in making employment decisions. In a 55-page document entitled, "Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964," (1.usa.gov/KasaRo) the EEOC warns employers to be careful when utilizing criminal background checks. The guidance includes a number of examples and is supplemented by a separate list of Questions and Answers (1.usa.gov/Lkp6yM).

Two excerpts from the report are particularly noteworthy:

  • "An employer's use of an individual's criminal history in making employment decisions may, in some instances, violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964, as amended."
  • "An employer's neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII and may violate the law if not job related and consistent with business necessity."

Log In For Full Access

Interested in becoming a member? Learn more.

Michael (Mike) E. Batts is a CPA and the managing partner of Batts Morrison Wales & Lee, P.A., an accounting firm dedicated exclusively to serving nonprofit organizations across the United States.

Related Topics:
Posted:
  • July 2, 2012

Related ResourcesView All

Planning the Pastor’s Retirement Package
Planning the Pastor’s Retirement Package
Use this guide to develop your pastor's retirement plan for all stages of life.
12 Law & Tax Guidelines for New Ministers
12 Law & Tax Guidelines for New Ministers
Essential knowledge to ensure legal and financial clarity and integrity in ministry.
20 Finance Questions Churches Ask
20 Finance Questions Churches Ask
Richard Hammar answers relevant tax and finance questions for church leaders.
Safe Hiring Practices for Churches
Safe Hiring Practices for Churches
Essential items to consider before you bring new clergy or staff on board.