The Equal Employment Opportunity Commission and the Federal Trade Commission co-published two technical assistance documents on Monday to explain how federal laws apply to employers’ use of criminal background checks.
One of the publications is directed at employers, and the other at employees.
“The laws enforced by the EEOC and the FTC intersect on the issue of employment background checks, so this was a unique opportunity for the agencies to work together to provide user-friendly technical assistance to our stakeholders,” said EEOC Legal Counsel Peggy Mastroianni, in a statement. “The No. 1 goal here is to ensure that people on both sides of the desk understand their rights and responsibilities.”
“The FTC is pleased to work with the EEOC to help ensure that employers and potential employees have a solid understanding of their rights and responsibilities,” said Jessica Rich, director of the FTC’s Bureau of Consumer Protection, in the statement.
The EEOC enforces federal laws against employment discrimination while the FTC enforces the Fair Credit Reporting Act, the law that protects the privacy and accuracy of the information in credit report
The document directed at employers, “Background Checks: What Employers Need to Know,” alternates advice from the two agencies. From the EEOC, for instance, it tells employers to make sure they treat everyone equally, and that except in rare circumstances, they should not try to get an applicant’s or employee’s genetic information, which includes family medical history.
The FTC tells employers that before getting background information, such as a credit or criminal background report, from a company in the business of providing such information, they must first tell the applicant or employee they might use the information for decisions about his or her employment, and inform them of their right to a description of the nature and scope of the investigation.
The employer advice is here while the advice directed at employees is here.