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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

Past Resources of the Week

ROTW: EEOC Hearing on Criminal Records and Employment -- Please Make Your Voice Heard

Thursday, July 21, 2011

  • National Employment Law Project; Community Service Society

UPDATE:  We need many more letters to make a convincing showing before the EEOC, especially given huge counter push on the part of the employer community and the background check companies (they packed the EEOC hearing room).  So, we have until August 10th to flood the EEOC with comments (email commisionmeetingcomments@eeoc.gov).  For those of you who have not yet taken the time to write your letters, please do so right away and urge your networks to do the same 

Here is a model letter drafted by the Community Services Society of New York (and here’s a link to NELP’s more extended comments).  Please email us a copy of your letters, which helps us in our follow-up with the EEOC.   It’s now or never folks, so please take a moment to raise your voices in support of this critical cause.

 

Maurice Emsellem, Policy Co-Director
National Employment Law Project
memsellem@nelp.org

 

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On July 26, 2011 the Equal Employment Opportunity Commission (“EEOC”) will hold a hearing in Washington D.C. concerning the racially discriminatory impact of criminal records in employment screening, and the use of criminal background checks. This forum is an important opportunity to educate the EEOC about the large number of ways in which criminal background checks impact our clients, our members and ourselves, and serve as illegal barriers to employment.

The EEOC clearly understands that criminal records-based employment discrimination can be race discrimination in violation of Title VII of the Civil Rights Act (because of the disproportionate rates at which people of color are arrested and convicted), and issued guidance to employers in 1987 and 1990 concerning their use of criminal convictions and arrests in the hiring process. While that guidance was helpful, it is out of date given today’s easy access to criminal record information and the near-universal use of background checks in the employment process. This hearing will be an important opportunity to ask that the EEOC not only strengthen the guidance, but also investigate and enforce violations of the law.

We expect that employers and the background screening industry will submit comments for the EEOC’s consideration. It is critical that the EEOC hear from groups and individuals who understand or have directly experienced illegal employment discrimination as a result of employers’ use of background checks, with specific examples of individuals’ experiences. The EEOC has invited the public to submit comments by email to the following address:

Commissionmeetingcomments@eeoc.gov

Please send comments before the July 26 hearing if at all possible, though comments sent after that date may be considered. You can draft your own letter from scratch, but if you want some suggestions, see the attached template letter. If you choose to use it, PLEASE customize it to describe your organization and your members’/clients’/experiences.  

Although time is short, the effort will be well worth it. Thank you very much!!!

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