Stacey Smiricky Comments on Criminal Background Checks by Employers

Governments such as the city of Philadelphia and the state of Massachusetts are limiting employers' inquiries into applicants' criminal records, Bloomberg reported in its article, "Murderous Cleaner Cited as U.S. Firms Resist Felon-Check Limits."

Twenty-five cities and states have imposed limits on employers' use of criminal records for hiring, such as banning criminal history questions on job applications or during first interviews. Current U.S. rules are less strict. Stacey Smiricky of Baker & Daniels notes that the Fair Credit Reporting Act, which governs employment screening, lets companies review arrest records dating back seven years, as well as all convictions after notifying applicants.

However, the U.S. Equal Employment Opportunity Commission is examining whether to limit employers' knowledge of arrest or conviction records to avoid discrimination against minorities, who have a higher rate of imprisonment. Cities and states claim that restrictions are intended to prevent snap judgments before an applicant is fully reviewed, Bloomberg reported.

Trade groups for companies such as Domino's Pizza Inc. and Lowe's Cos. are working to prevent added federal restrictions, saying background checks help protect coworkers and customers. Companies are at risk of being sued for "negligent hiring" if former felons cause harm to co-workers. Victims' advocates also oppose limiting employer reviews of criminal records, citing violent crimes by workers making house calls.

State and local legislation is being introduced now because applicants with criminal records are having a harder time getting jobs in the stagnant economy, said Maurice Emsellem of the National Employment Law Project. According to Bloomberg, ex-convicts and employers who make a practice of hiring them say they can be especially dedicated employees.