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This book provides a critical overview of the policy frameworks underpinning the contemporary practices of non-conviction information disclosure during pre-employment ‘screening’. It questions how a man can walk free from a criminal court as an innocent person only to have all the court details of his acquittal passed to any potential employer.Despite several million ‘enhanced’ criminal background checks being performed each year, there has been little discussion of these issues within academic literature. Non-conviction information, also known as 'police intelligence', is a less well-known check provided alongside the criminal record check. This book seeks to define what is meant by non-conviction information and to provide a clear and simple explanation of how this decision making process of police disclosure to employers is made. It also considers the extent to which these practices have been subjected to legal challenges within the UK and explores how public protection is balanced against individual rights.
Every person today wears a mask. We all feel the requirement to appear pleasing to other people. Because of this, we are often confused when someone decides to conduct a background check on us. Why take a peek at what's behind the mask? Actually, there is no one answer to this question. Different people conduct different types of background checks for wholly different reasons.
An employer's use of an individual's criminal history in making employment decisions may, in some instances, violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964, as amended. This book discusses how criminal record information is collected and recorded, why employers use criminal records, and the EEOC's interest in such criminal record screening.
Over 80% of companies say that discrepancies on a job application can take a candidate out of the running, yet half of the background checks run in 2005 found inaccuracies in the information provided by applicants. This new book takes job hunters inside a background check, explains how information gets verified, and shows them how to fill out a job application that will sail through pre-employment screening.
The principles, procedures, and policies applicable to hiring are reviewed by this book to assist in minimizing litigation risks for employers and acquainting employees with these employer procedures to protect their disclosures of non-job-related information. Areas covered include the hiring process, pre-employment screening fundamentals, data verification, and federal and state statutes affecting the hiring process.
This paper presents a stylized model of “disparate impact”, showing that background check decisions could create unequal opportunities for minorities since minorities are more likely to have certain types of criminal records. We evaluate a state mandated criminal background check for employment, implemented by the New York State Department of Health (DOH). The DOH process follows a statute that determines certain crimes as automatically disqualifying from and certain others as automatically approving of employment. We show that adding these legal mandates to a statistically optimal approach which considers all factors of a conviction record, does not add any predictive power to decision-making but inadvertently leads to a disparate impact on minorities. The paper concludes that over-reliance on such mandates generates inefficient and inequitable outcomes.