subject: EEOC request for background check information [print this page] EEOC request for background check information
On October 20, 2010, the EEOC held a meeting to discuss "Employer Use of Credit History as a Screening Tool". The discussion was focused on current issues regarding credit checks and the role they should, or should not, play in pre-employment background screening. Last week, as a follow-up to the hearing, the EEOC posted a request for information on its website that explores issues surrounding liability associated with providing an employment reference. They have posted a request for information on the questions raised, with a deadline of posting your opinions by Friday, December 3.
The main issues were regarding background checks and the information obtained through them:
By way of background, it was asserted during the hearing that one of the reasons employers may be more likely to include credit history as part of their background investigations for new hires now than previously, is that employers are less likely to obtain useful information by simply checking employment references as many employers provide very little information regarding prior employees. For example, some employers have a policy verifying the individual was employed there and the dates of employment, and nothing else. The EEOC are clearly looking for a way to get better clarification of a potential hires integrity from their previous employers, without putting this prior employer at risk of future liable consequences through the information they provide and without performing credit checks.
Late in the hearing Commissioner Feldblum posed a series of questions for the management bar to consider answering. The EEOC's notice last week was their attempt to summarize the questions. Below is the request for comments followed by an excerpt from the hearing transcript to provide context.
Request for Public Comments
During the Commission meeting on Employer Use of Credit History as a Screening Tool, held on October 20, 2010, an alternative to credit reports was suggested for employers to use in making hiring decisions.
Rather than obtain credit history on an applicant, the suggestion was made for an employer to pose the following three questions to an applicant's prior employers as a standard reference check: 1) Did the employee perform adequately? 2) Did you have any concerns about the employee's integrity or reliability? and 3) Would you re-hire this employee?
The Commission is seeking public comment on whether employers who provide honest answers to these questions would be subjecting themselves to legal liability, and why or why not.
All comments will be made available to the Commissioners, the Office of General Counsel, and the Office of Legal Counsel, and will also be available for inspection in the EEOC Library. Comments should be submitted by December 3, 2010, and can be mailed to Commission Meeting, EEOC Executive Officer, 131 M Street, N.E., Washington, D.C.20507, or e-mailed to Commissionmeetingcomments@eeoc.gov.
