The EEOC issued an advisory letter last month that gives employers more clarity on their proper use of applicants’ arrest and conviction records during the hiring process. Employers should, the EEOC says, continue to treat arrests differently than convictions and suggests employers ask applicants to disclose convictions only from the past seven years.
Read an analysis of the EEOC advisory by the law firm Littler Mendelson at www.tinyurl.com/eeocarrest. Find the EEOC’s policy guides at:
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Take notes on all reference-check calls
- Personnel records: Your guide to ADA and FMLA medical confidentiality
- Before we start background checks, should we start asking applicants for birth dates?
- Employee lied about criminal convictions on application? That's a firing offense