NCJ Number
238809
Journal
Georgetown Journal on Poverty Law & Policy Volume: 19 Issue: 2 Dated: Spring 2012 Pages: 231-253
Date Published
2012
Length
23 pages
Annotation
This article shows that pre-employment criminal background checks have a disparate impact on racial minorities in America, particularly Blacks and Hispanics, thus violating laws that intend to give minorities equal opportunity for employment with dominant racial groups.
Abstract
Following an introductory overview of the article's main argument, part 2 explores the purpose of the Fair Credit Reporting Act (FCRA), which has been increasingly used as a lawful means for employers to conduct criminal background checks on job applicants, believing that job applicants with criminal records are at high risk for poor work performance. This examination of the provisions of the FCRA notes that although a current or prospective employee must authorize the procurement of a consumer report, employers are allowed to condition employment on a written authorization to procure such a report. As a result, the current legal regime permits the securing of criminal background checks to develop into the widespread practice it has become. Part 3 examines the statutory framework of Title VII of the Civil Rights Act of 1964 and explores the disparate impact that criminal background checks has on racial minorities, who, on average, have higher incarceration rates. Part 3 also discusses case law that has addressed whether or not criminal background checks violate Title VII. The author argues that criminal background checks are neither "job-related" nor "consistent with business necessity." Part 4 recommends the enactment of legislation that will amend the FCRA to prohibit its use in conducting criminal background checks as part of the hiring process. 176 notes