The city of San Francisco is considering enacting limitations on the use of criminal records for employment screening by making job seekers with criminal histories – excluding sex offenders and those convicted of violent crimes – a “protected” class when looking for work. The San Francisco Human Rights Commission will hold a hearing on the use of criminal history in employment on Monday, July 25, 2011 from 4:00 p.m. to 7:00 p.m. in Room 400 of San Francisco City Hall to discuss how prior arrests and convictions should impact jobseekers with criminal pasts.
- The nature and gravity of the offense or offenses;
- The time that has passed since the conviction or completion of the sentence, and;
- The nature of the job held or sought.
The EEOC guidelines on how employers may use criminal records also makes the use of a blanket “no hire” policy that excludes job applicants with criminal histories unlawful under Title VII of the Civil Rights Act of 1964 since it discriminates against minority groups with higher rates of criminal convictions. The EEOC designates certain categories of job seekers protected classes under characteristics that include: race/color, religion, national origin, ancestry, medical condition, disability (including AIDS), marital status, gender/sex (including pregnancy), and age (40+).
The EEOC’s next meeting on Tuesday, July 26, in Washington, D.C will focus on the use of criminal records for employment screening background checks. The July 26th meeting could be a critical step in the Commission’s adoption of policies that could significantly impact how employers use criminal background checks for employment purposes.
The use of criminal records is a difficult issue because it involves important American values that can seem to conflict, according to Attorney Les Rosen, CEO of Employment Screening Resources (ESR), a background check company headquartered in the San Francisco Bay area and accredited by The National Association of Professional Background Screeners (NAPBS®), a non-profit professional trade group for the background screening industry.
“On one hand, we value public safety and a safe workspace with honest and qualified employees. On the other hand, as a society we believe in second chances, and that a person’s past should not hold them back forever, particularly for more minor offenses,” says Rosen, author of ‘The Safe Hiring Manual,’ the first comprehensive guide to employment screening background checks. “The issue is how to draw lines that both protect innocent people and, at the same time, does not burden the taxpayers by creating a permanent class of unemployed people. Unless an ex-offender can get a job, they cannot become a taxpaying and law abiding citizen and the taxpayers end up building more prisons then they do schools or hospitals, so it is a matter of finding a good balance.”
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