PHILADELPHIA (Legal Newsline) – The U.S. Equal Employment
Opportunity Commission (EEOC) announced Dec. 16 that Crothall Services Group
Inc., a janitorial and facilities management company headquartered in Wayne, Pennsylvania, agreed to adopt significant changes to its record-keeping practices
relating to its use of criminal background checks.
"EEOC is pleased with the terms of this decree, which
requires compliance with mandatory UGESP record-keeping regulations and
monitoring of the employer's use of criminal history information as a selection
criterion,” said regional attorney Debra Lawrence of EEOC's
Philadelphia District Office.
According to EEOC, Crothall used criminal history
assessments to make hiring decisions, but failed to keep records disclosing the
impact these assessments have on persons identifiable by race, sex or ethnic
group. Alleged conduct of this nature violates Title VII of the Civil Rights
Act of 1964.
"Employers should take note that if they choose to rely
on a selection procedure such as criminal background screening, they are
required to create and maintain records that allow an assessment of whether the
selection procedure has a disparate impact based on race, national origin or
sex," said EEOC general counsel David Lopez. "This case clarifies
that the record-keeping rule is not permissive, but rather is mandatory and enforceable
in a court of law."