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Weigh EEOC guidance when considering criminal histories

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in Discrimination and Harassment,Human Resources

by Susan Fitzke, Sarah Gorajski and Bill Parker, Esqs., Littler Mendelson, Minneapolis

In April 2012, the EEOC issued comprehensive guidance addressing the use of an applicants’ criminal history in hiring, which it further clarified in March 2014. The guidance offers details and hypotheticals regarding situations when excluding an applicant based on his or her arrest or conviction record could constitute discrimination based on race or national origin in violation of Title VII.

The guidance and litigation that the EEOC pursued in its wake made employers and HR professionals worry about whether, when and how they can rely on conviction histories when making employment decisions.

What EEOC’s guidance is …

The EEOC’s guidance examines problems with categorically excluding applicants from employment consideration based on criminal history, and suggests some solutions.

For example, the guidance notes that discrimination based on ...(register to read more)

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