Recent EEOC Decisions Emphasize the Need for a Consistent Individualized Assessment Policy
On September 24th, 2018, the EEOC settled an agreement with RTG Furniture Corporation to resolve allegations of race discrimination. The nationwide furniture retailer was accused of using criminal history reports in illegal and unlawful manner. The allegation was raised by an unsuccessful minority applicant whose offer of employment was revoked as a result of Room To Go’s background check policies.
In an effort to resolve this issue, Rooms To Go proactively changed its hiring and screening policies to comply with Title VII of the Civil Rights Act of 1964 and was acknowledged by the EEOC for doing so. The change includes polices regarding criminal records and now, rewards all applicants the opportunity of an individualized assessment. Also, RTO rewrote its employment application and “ban-the-box” on the criminal conviction question, “Have you ever been convicted of a crime?” Additionally, RTO postponed all criminal history questions until later in the hiring process. Lastly, the retailer now requires HR department and other staff members to participate in a mandatory implicit bias training.
“We obtained financial relief for the victim of discrimination and eradicated a barrier for future applicants,” EEOC Tampa Field Force Director Evangeline Hawthorne stated in a press release. “We are pleased the Rooms To Go chose to work with the EEOC to reach this conciliation agreement and that through our joint efforts we have been able to bring about real change to Rooms To Go.”
How Justifacts Can Help Companies Avoid Risk
The best practice to avoid such lawsuit is to work closely with a well-qualified third-party background screening agency to remain compliant with all laws and regulations.
Fortunately, Justifacts is available for support, with a knowledgeable staff and over 35 years of industry experience. One of the features we offer is our Individualized Assessment tool. This feature is ideal for your hiring process because this tool allows employers to review an applicant’s background check results against your organization’s hiring requirements for a job position. This service integrates tasks and allows employers to effectively track and review background checks. Our IA Tool offers you the ability to maintain compliance with the EEOC guidelines and various state and local laws and regulations. Oh, and did we mention it’s free to all of our clients?!
It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. We go to great lengths to make sure our information is accurate and useful. We recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.
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