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EEOC Working to Ban Criminal Background Checks on Restaurant Employees

August 19, 2011 | Posted In Recent News - Criminal Law |

The Equal Employment Opportunity Commission is considering whether to ban criminal background checks for restaurant employees because of concerns that these screenings are discriminatory. The Equal Employment Opportunity Commission has already conducted hearings on the matter.

According to the Washington Post, employers have increased the use of criminal screenings because of security concerns.  In fact, there have been calls for legislation that would mandate employers to perform criminal checks.  However, the Equal Employment Opportunity Commission and some New Jersey criminal defense attorneys have been concerned about whether these checks are discriminatory and unfair. 

The Equal Employment Opportunity Commission is concerned that employers could discriminate against a potential hire because of an arrest years ago that did not even end in a conviction and that such people could have reduced employment opportunities.  The agency is also likely to consider the current economic climate and how hard it is for people with any kind of criminal record to find a job.

Many New Jersey criminal defense attorneys believe that these checks are not only discriminatory, but also impede a person's ability to integrate fully into society after release from prison.  A person who has just been released from prison finds it more difficult to find a good job, and this only increases the risk of recidivism.

There's already opposition to any proposal that would ban criminal background checks.  The National Retail Federation has asked the Equal Employment Opportunity Commission to reject any proposal that would ban criminal background checks on restaurant employees.

The New Jersey criminal defense lawyers at Helmer Paul Conley and Kasselman represent persons charged with DUI, sex crimes, drug crimes, assault, fraud and other crimes across New Jersey.

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