Attendees at the hearing included the National Retail Federation and other employer advocate groups who stressed the importance of background checks in employment.
"NRF believes that the criminal background question needs to
remain on employment applications,” NRF Vice President for Loss Prevention Richard Mellor said. “This vital information is every bit as relevant
as an applicant’s education, previous employment experience and formal
training.”
During
the Hearing, Commissioner Peter Kirsanow, a Republican, said EEOC's guidance
contains no “safe harbors” for employers that conduct background checks. Nor
does it show any EEOC recognition that state or local laws compel some
employers to conduct criminal background checks and exclude applicants with
certain past convictions, he said.
Kirsanow said the guidance is not a “judicious application” of
Title VII disparate impact theory and it places a large burden on small
employers in particular that “don't know what to do with this thing.”
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