EEOC – Pepsi Beverages Background Check Policy has Disparate Impact on Black Job Candidates

The EEOC has put a greater focus on criminal background checks in the employment screening process. Their investigation of Pepsi Beverages resulted in a restitution fine of $3.13 million that Pepsi must pay along with having to make changes to their hiring process. The EEOC investigation found that over 300 African Americans were adversely affected by their criminal background check policy that disproportionately excluded black applicants from permanent employment. Pepsi was using arrest records as part of their employment screening even if no criminal conviction was made. does not include arrest records in their criminal reports unless a conviction was made, this decision was made years ago to avoid discrimination and to help employers make hiring decisions based on criminal convictions and not arrest records which by themselves reveal no criminal history. To read more about this subject read recent press release found at:

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