What do Criminal Background Checks Mean For Minority Job Candidates?

The national unemployment rate in the U.S. is declining, but still currently rests at an unsettling 9.1% – a decrease from 9.6% this time last year. In light of the quest for jobs in the current economy, the Equal Employment Opportunity Commission (EEOC) wants to make it easier for the nation’s minority job prospects by limiting (or even eliminating) the use of criminal background checks for employers when it comes to making hiring decisions. The commission held hearings to examine employer’s use of conviction and arrest records as a potential hiring barrier.

The EEOC argues that by limiting the ability of employers to consider criminal backgrounds check employment screening tool in hiring will allow for minority applicants, specifically African Americans and Latinos to get more jobs since the two groups have the highest conviction and arrest rates as compared to non-minorities.

The U.S. Commission of Civil Rights (USCCR) however, negates the EEOC’s claims since the hearings failed to recognize scholarly reports that challenge the assumptions that African Americans are less likely to be hired when employers use criminal background checks.

In research cited by [Caroline May, The Daily Caller]:

Civil Rights Commissioners Peter Kirsanow, Gail Heriot and Todd Gaziano pointed to research from economists Harry Holzer and Stephen Rafael and public policy professor Michael Stoll, published in the Journal of Law and Economics, which showed that employers with access to background checks are actually more likely to hire African Americans, especially African American men, than those without access to that information.

According to the research, when a criminal background check is unavailable, some employers have been known to be more prone to discriminate against minorities like African Americans and Latinos based on crime statistics. Currently, the EEOC is still reviewing the statements by the USCCR.

 

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