This is an official notice of the National Council of Investigation & Security Servicesrepresenting the investigative and security professions for 36 years
NCISS
Legislative Alert
December 7, 2012
NCISS Tells Civil Rights Commission Value of Criminal Checks
In advance of a Civil Rights Commission briefing on the Equal Employment Opportunity Commission's new guidance on employer use of criminal background checks, NCISS told Chairman Martin Castro that the guidance could "chill the responsible use of criminal background checks."
The Civil Rights Commission is meeting today for a briefing regarding the impact of the EEOC's guidance. Employers are concerned that the use of criminal background checks could be the basis for the EEOC to determine that it had violated the 1964 Civil Rights Act. In its guidance the EEOC said "national data supports a finding that criminal record exclusions have a disparate impact based on race and national origin" and "provides a basis for the Commission to investigate Title VII disparate impact charges."
In its statement to Chairman Castro NCISS said that criminal histories can predict future behavior and cited a recent Florida study showing that almost a third of released prisoners returned to prison. The statement pointed out that EEOC uses criminal history background checks itself.
NCISS further said that employers based hiring decisions on all the facts at their disposal. "Government should not put them in the position of making decisions on incomplete information that may put employees, customers, the public and the reputation and viability of their businesses at risk."
NCISS urged the Civil Rights Commission to recommend that the EEOC reconsider its guidance and give the public an opportunity to review and comment on any new proposal.
