According to the EEOC, an employer’s policy or practice of excluding individuals from employment on the basis of conviction records has a disparate impact on African Americans and Hispanics. Recent statistics show they are convicted at a rate disproportionately greater than their representation in the overall population.
Presumably, the EEOC could make a prima facie (initial) case that such a hiring practice has a discriminatory disparate impact. Faced with such a charge, an employer would have to prove the policy is “consistent with business necessity.” Specifically, the EEOC would be asking whether the employer considered the nature and gravity of the offense, the time that elapsed since the conviction, and the nature of the position sought.
A blanket prohibition on hiring those with felony convictions obviously would not satisfy this inquiry. Check with counsel (or your favorite HR consultants) to review any applicable policies and/or practices.
Connect To Us!