Fair chances for work: examining hiring practices for background checks and disparate impact

Abstract

Research methodology

This case was developed from both secondary and primary sources. The secondary sources include journal and newspaper articles. Primary sources include court proceedings, industry reports and EEOC recommendations regarding disparate impact for major retailers. This case has been classroom tested with undergraduate BBA students in an introductory undergraduate Human Resources course.

Case overview/synopsis

In August 2019, Ms Ramos applied for an entry-level position at Stockworld; however, despite receiving an initial offer, Ms Ramos was notified soon after beginning the position that her job offer was being rescinded as a result of a completed background check. The Fair Chances Act for employment has challenged employers to “Ban the Box” that asks about criminal past acts before conditional employment offers. With increased demand for qualified applicants following and amid current labor shortages, proponents of “Ban the Box” challenge that including background checks before and even following conditional offers lead to disparate impact with Title VII protected classifications of employees. Can employers Ban the Box to prevent Disparate Impact for entry-level positions? What are the implications for eliminating criminal background checks?

Complexity academic level

This case was written for use in an undergraduate introductory human resource management course or general business law course. The focus of the case supports classroom discussion for online and face-to-face instruction regarding equal employment opportunity and employment decisions. The case also has strong application in course content regarding discrimination and strategic plans for organizational success. Educators who use critical thinking methods to apply hiring strategies or talent pipeline assessment can use this case to explore additional avenues for external recruitment and talent development.

Citation

Hammer, E.G. and Kimbell, J. (2023), "Fair chances for work: examining hiring practices for background checks and disparate impact", , Vol. 19 No. 2, pp. 232-240. https://doi.org/10.1108/TCJ-05-2022-0089