How Do We Limit the Discriminatory Impact of Employer Criminal History Checks and Maintain Safe Workplaces?
Because no one argues that criminal history is never relevant, the goal is to limit the consideration of one’s criminal history to circumstances where the history is truly job-related. A job involving a high degree of trust or involving sensitive circumstances may warrant consideration of an applicant’s criminal history, but for jobs not of that sort, criminal records should be presumptively irrelevant. The dilemma highlighted in El is the dearth of solid research to frame our recommendations. We know millions of people are living with criminal records. What we do not seem to know is how to best utilize this information to ensure safety without compromising fairness. Therefore, the EEOC can play an important role clarifying how employers may best use the information they have available to them. For example, the EEOC can offer guidance to employers (a) limiting disqualifying offenses that are not job-related; (b) imposing age limits on disqualifying offenses eliminating unwarranted life
