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EEOC settles with Janitorial company over background checks

PHILADELPHIA – The U.S. Equal Employment Opportunity Commission (EEOC) announced Dec. 16 that Crothall Services Group Inc., a janitorial and facilities management company headquartered in Wayne, Pennsylvania, agreed to adopt significant changes to its record-keeping practices relating to its use of criminal background checks.

“EEOC is pleased with the terms of this decree, which requires compliance with mandatory UGESP record-keeping regulations and monitoring of the employer’s use of criminal history information as a selection criterion,” said regional attorney Debra Lawrence of EEOC’s Philadelphia District Office.

According to EEOC, Crothall used criminal history assessments to make hiring decisions, but failed to keep records disclosing the impact these assessments have on persons identifiable by race, sex or ethnic group. Alleged conduct of this nature violates Title VII of the Civil Rights Act of 1964.

“Employers should take note that if they choose to rely on a selection procedure such as criminal background screening, they are required to create and maintain records that allow an assessment of whether the selection procedure has a disparate impact based on race, national origin or sex,” said EEOC general counsel David Lopez. “This case clarifies that the record-keeping rule is not permissive, but rather is mandatory and enforceable in a court of law.”

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