Spotlight for Career Services Professionals
Spotlight for Recruiting Professionals
May 9, 2012
On April 25, the U.S. Equal Employment Opportunity Commission (EEOC) issued an updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended (Title VII). The Commission also issued a Question-and-Answer document about the guidance.
The new guidance clarifies and updates the EEOC’s longstanding policy concerning the use of arrest and conviction records in employment. While Title VII does not prohibit an employer from requiring applicants or employees to provide information about arrests, convictions, or incarceration, it is unlawful to discriminate in employment based on race, color, national origin, religion, or sex.
Among other topics, the guidance discusses:
- How an employer’s use of an individual’s criminal history in making employment decisions could violate the prohibition against employment discrimination under Title VII,
- Federal court decisions analyzing Title VII as applied to criminal record exclusions,
- The differences between the treatment of arrest records and conviction records,
- The applicability of disparate treatment and disparate impact analysis under Title VII,
- Compliance with other federal laws and/or regulations that restrict and/or prohibit the employment of individuals with certain criminal records, and
- Best practices for employers.