Professor Saucedo Comments for Media on Employer Criminal Background Checks
Professor Leticia Saucedo was part of a group of experts responding to questions about new federal guidelines regarding the use of job applicants' criminal histories in making employment decisions for a report on the consumer information website Wallethub. The new U.S. Equal Employment Opportunity Commission standards urge employers to review their hiring policies to make sure they are not engaging in racial discrimination when they screen applicants based on any previous criminal history.
"I do not think the EEOC is departing from its traditional practice of seeking out employer practices that discriminate on the basis of race or some other protected category," Saucedo said. "In the cases that the EEOC has investigated under this policy, it seems the EEOC has found evidence of employer policies having a disparate impact on minorities."
Saucedo also said that it is likely "an employer might challenge the EEOC's findings based on its belief that its policies are job-related and are consistent with business necessity," and "businesses should determine the purpose for their policies and determine whether these policies are necessary for the jobs in question."
Leticia Saucedo is a Professor of Law and Director of Clinical Legal Education at UC Davis School of Law, and an expert in employment, labor, and immigration law.