This chapter introduces the context surrounding employers’ consideration of criminal history in the selection process. Though the practice is widespread, consideration of applicants’ criminal history is controversial and introduces legal risk. An unavoidable aspect of the use of criminal history screenings is that a disproportionate number of African American and Latino males are arrested and incarcerated, and, therefore, the use of criminal histories in the selection process often screens out a disproportionate number of these applicants (adverse impact). When this occurs, the accumulation of validation evidence to support the use of that process becomes a key aspect of legal defensibility. This book is intended to provide employers with the tools to make informed decisions on whether and how to use criminal history screenings appropriately by integrating perspectives from different disciplines, including industrial/organizational psychology, human resources, law, and government enforcement.

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Introduction

  • Chester Hanvey

摘要

This chapter introduces the context surrounding employers’ consideration of criminal history in the selection process. Though the practice is widespread, consideration of applicants’ criminal history is controversial and introduces legal risk. An unavoidable aspect of the use of criminal history screenings is that a disproportionate number of African American and Latino males are arrested and incarcerated, and, therefore, the use of criminal histories in the selection process often screens out a disproportionate number of these applicants (adverse impact). When this occurs, the accumulation of validation evidence to support the use of that process becomes a key aspect of legal defensibility. This book is intended to provide employers with the tools to make informed decisions on whether and how to use criminal history screenings appropriately by integrating perspectives from different disciplines, including industrial/organizational psychology, human resources, law, and government enforcement.