Q. We have several positions in our company that require financial discretion. May we performon applicants for these jobs?
A. Yes. In 2012, the EEOC issued an updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII. The guidance is a summary of the EEOC’s long-held position that employer reliance on arrest and conviction records may have a disparate impact on individuals because of their race or national origin.
In March, the EEOC and the Federal Trade Commission (FTC) jointly released two pamphlets on the use of background checks in the workplace, one directed at employers and the other at applicants and employees.
These documents are the first official federal insight on this topic since the 2012 release of the EEOC’s Enforcement Guidance. However, they do not break new ground. Rather, they reiterate “best practices” related to bac...(register to read more)
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