---
title: "Background Check Guidance Just Changed! Now What?"
description: "For years background checks have played a vital role in determining safety and security for all employees in a workplace. Now employers may have to indicate why they did not hire an applicant with a c..."
url: https://www.dashrconsulting.com/background-check-guidance-just-changed-now-what/
date: 2012-07-03
modified: 2012-07-06
author: "Dr. Di Ann Sanchez"
image: https://www.dashrconsulting.com/wp-content/uploads/2012/07/i-assualt.jpg
categories: ["HR Legislative Updates"]
type: post
lang: en
---

# Background Check Guidance Just Changed! Now What?

For years background checks have played a vital role in determining safety and security for all employees in a workplace. Now employers may have to indicate why they did not hire an applicant with a criminal record. April 2012 the Equal Employment Opportunity Commission (EEOC) issued a new Enforcement Guidance on criminal background checks. The Guidance states:

> “Under Title VII of our civil rights laws, employers may not deny employment based on a conviction except when the offense is job related.”

**The Guidance outlined three ‘Green factors’ for employers to base their hiring decisions of prospect employees with a criminal record on, these are:**

- The nature or gravity of the offense or conduct.
- The time elapsed since the offense, conviction; and/or completion of the sentence.
- The nature of the job sought or held.

**Follow these best practices to ensure your Company does not violate this new guidance:**

- Eliminate policies or practices that exclude candidates from employment based on a criminal record.
- Train managers and hiring managers on Title VII and its prohibition on employment discrimination.
- Develop new tailored policies and procedures for screening applicants for criminal conduct.
- Determine the specific offenses that may demonstrate unfitness for performing such jobs.
- Determine the duration of exclusions for criminal conduct based on evidence.
- Document all policies, procedures and justifications for hiring or not hiring.

###### References: Gorey, Aoife (May 15, 2012) Would You Hire Someone With a Criminal Record? SHRM.org; What HR Professionals Need to Know About the EEOC’s New Guidance on Criminal Background Checks; Leslie E. Silverman; SHRM.org