Criminal Background Checks: Proceed With Caution

In 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance (Guidance) on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964 report, as amended (Title VII).  Construction owners need to review this guidance and potentially revise their current policies and procedures regarding criminal background checks.  

According to one survey, 90 percent of employers perform criminal background checks on job applicants. The risk management reasons asserted for reviewing criminal background information are to prevent theft, fraud and workplace violence and to avoid liability for negligent hiring. Construction employers may also be required to perform background checks to comply with owner or general contractor requirements or state and local laws and regulations.