Page 93 - MetalForming October 2012
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Slip-on Abrasives Save Time & Money
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BE 5
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PIPE-MAX Pipe Belt Sander
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Fabricating Manufacturers
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You and The Law
employer excludes applicants on the basis of conviction records. The Com- mission based its new guidance on these two groups of minorities being over-representative in the prison pop- ulation when compared to general pop- ulation statistics.
How can this EEOC presumption of disparate impact be overcome? There are two separate methods where the Commission recognizes that employers can utilize criminal-conviction data and still meet the “job related and con- sistent with business necessity” defense:
Statistical validation, where the employer can validate the criminal conduct exclusion for the position in question in light of the Uniform Guide- lines on Employee Selection Proce- dures (if there is data or analysis about criminal conduct as related to subse- quent work performance or behaviors);
Individualized assessment, where the employer develops a targeted screen considering at least the nature of the crime, the time elapsed, and the nature of the job. On this individualized screen, the Commission commented that, “The employer’s policy then pro- vides an opportunity for an individu- alized assessment for those people identified by the screen, to determine if the policy as applied is job related and consistent with business necessi- ty. (Although Title VII does not require individualized assessment in all cir- cumstances, the use of a screen that does not include individualized assess- ment is more likely to violate Title VII.)”
Complicating this Federal policy guidance would be state laws, some of which also restrict evaluation of appli- cants’ criminal conviction. Massachu- setts and New York have such laws.
This new Federal guidance should trigger employers to review their job application inquiry of criminal con- victions. Please e-mail me if you want a copy of the EEOC’s new 46-page guid- ance document. MF
Use Global Shop Solutions ERP software. Before you know it, you’re saving thousands of dollars. Year after year. Just like our many successful fabrication manufacturing customers.
For a FREE copy of Global Shop’s ROI brochure, visit www.GlobalShopSolutions.com or
call 1.800.364.5958.
Come see us at FABTECH, November 12-14, 2012 Booth #C7312
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