by Megan L. Anderson, Esq., Gray Plant Mooty, Minneapolis
In April, the EEOC issued a new Enforcement Guidance document on the use of criminal history information in making hiring and other employment decisions.
The guidance makes it clear that the EEOC considers it unlawful to exclude candidates based on arrest records alone, and that blanket exclusions based on convictions violate the law. Conviction-based exclusions must be job-related and consistent with business necessity.
In light of the guidance and the EEOC’s increased focus on discrimination in hiring, employers should review and update their criminal history screening policies and practices.
Relying on arrest records
The guidance provides that making employment decisions based on arrest records is per se race discrimination, because an arrest does not prove criminal conduct occurred and persons of color are arrested at a disproportionate rate.
It is not discriminat...(register to read more)