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Labor/Employment

Sep. 3, 2010

The Tricky Business of Background Checks

Can employers conduct criminal background investigations without violating their non-discriminatory policies? By Jaffe D. Dickerson and Ruth Benson of Littler Mendelson.

By Jaffe D. Dickerson and Ruth Benson

Twenty-three years ago, the Equal Employment Opportunity Commission issued two policy statements addressing this issue: Can employers conduct criminal background investigations without violating their non-discrimination policies?

The answer presents few bright lines. However, the potential discriminatory effect of background investigations is litigated now more than ever, boosted by the post-9/11 real o...

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