By Antonious NeSmith on April 15, 2023
Antonious NeSmith has filed a complaint with the South Carolina Human Affairs Commission (SCHAC) back in November alleging that the school district has a "background screening policy that does not consider the nature of the crimes, time lapsed since their occurrence, or the nature of the position to be filled" in violation of Title VII of the Civil Rights Act of 1964. The complaint spills out that NeSmith applied to be a substitute teacher back in October of 2022 and was denied the position due to his criminal background. After NeSmith submitted his letter of explanation, he was still denied an opportunity to attend the substitute teacher workshop. This newly filed action should serve as a reminder to employers that taking an adverse action against an applicant based on criminal convictions alone could be a violation of Title VII, unless the employer can can show the screen is job-related and a business necessity (EEOC vs. Dollar General).
Title VII is a federal law that protects a class of individuals, such as race, gender, or religion from discrimination. According to EEOC Chicago District Director, Julianne Bowman added, "Because of the racial disparities in the American criminal justice system, use of criminal background checks often has a disparate impact on African Americans. This consent decree remind employers that criminal background checks must have some demonstrable business necessity and connection to the job at issue."
If your business is facing an EEOC investigation or other background check policy, you should consult with an employment attorney as soon as possible.
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