EEOC’s new guidance on criminal background checks — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

EEOC’s new guidance on criminal background checks

by on
in Employment Background Check,Human Resources

by Stephen Woods, Esq., Ogletree Deakins

In April, the EEOC issued an up­­dated “Enforcement Guidance on the Consideration of Arrest and Con­­viction Records in Employment Deci­­s­­ions Under Title VII.” The guidance, which took effect immediately, has implications for how employers use criminal background checks to screen applicants and employees.

The document summarizes the EEOC’s long-held position that checking arrest and conviction rec­­ords may have a disparate impact on individuals because of their race or national origin.  

According to the EEOC guidance, Title VII violations may occur in two background-check situations:

Disparate treatment—when em­­ployers treat criminal history differently for different applicants/employees, based on their race or national origin.

Disparate impact—when an em­­ployer’s neutral background check policy or practice disproportionately affects protected individuals, unless the policy is ...(register to read more)

To read the rest of this article you must first register with your email address.

Email Address:

Leave a Comment