Wednesday, April 16, 2014

Automatic Disqualification of Applicants Prohibited

Four background check companies signed agreements in New York State to avoid illegal hiring practices, the New York State Attorney General's Office announced.

The deals prohibit the agencies from automatically disqualifying applicants with criminal records, according to the Attorney General's Office. The deals also call for the agencies to defer hiring decisions to employers, who must conduct an individualized consideration of candidates in accordance with New York law.

The background check firms specifically agreed not to issue automatic rejection letters to job applicants because of a conviction on behalf of employers to ensure the employers conduct individualized assessments of the candidates, according to the Attorney General's Office.

"New Yorkers who have paid their debt to society deserve a fair shot at employment opportunities," Attorney General Schneiderman said. "Background check agencies that implement blanket bans on hiring ex-offenders are violating New York State law."

Aurico recommends that employers conduct individualized assessments and comply with the Fair Credit Reporting Act and EEOC as those regulations relate to making hiring and employment decisions when reviewing background checks.   Please contact an Aurico representative for more information regarding best practices to consider when processing background checks to align with these regulations. 

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