EEOC Uses its Record Keeping Requirements to Police Use of Criminal Background Checks

Did you know that the EEOC requires employers to keep all personnel and employment records for at least one year? Just as importantly, to the extent the employer uses a screening technique, like a pre-employment test, information on its impact on candidates by sex, race and ethnicity must be kept. These requirements are set forth in the EEOC's Uniform Guidelines on Employee Selection Procedures. In a recent case, the EEOC sued a Pennsylvania janitorial and facilities management company for failure to maintain disparate impact information relative to its use of criminal background checks.

When an employee is terminated, his employment records must be kept for one year following the termination date. Just as importantly, to the extent the employer uses a screening technique, like a pre-employment test, information on its impact on candidates by sex, race and ethnicity must be kept. These requirements are set forth in the EEOC's Uniform Guidelines on Employee Selection Procedures.  

Last Friday, the EEOC sued a Pennsylvania janitorial and facilities management company for failure to maintain disparate impact information relative to its use of criminal background checks