EEOC Guidance on Criminal Records

EEOC Issues Revised Guidance On Use of Criminal Records in Employment Decisions

EEOC Issues Revised Guidance On Use of Criminal Records in Employment Decisions

Posted on May 19, 2012 by Jessica Glatzer Mason

The Equal Employment Opportunity Commission recently issued Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.  This guidance is intended to help employers understand the EEOC’s policy relating to the use of such records by employers.  Although this guidance is not substantially different from the EEOC’s previous policy, it is a good reminder of prudent practices employers should be using. Full Story

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EEOC Provides Guidance to Employers Regarding the Use of Criminal/Background Checks

Posted on May 16, 2012 by Randi W. Kochman

The Equal Employment Opportunity Commission (“EEOC”) has provided useful guidance to employers in issuing its April 25, 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act” (the “Guidance”).  The Guidance contains the EEOC’s view on employers’ use of criminal arrest and conviction records in making employment decisions under Title VII of the Civil Rights Act of 1964, as amended (“Title VII”).  Full Story

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EEOC Issues New Enforcement Guidance On the Use of Arrest and Conviction Records

EEOC Issues New Enforcement Guidance On the Use of Arrest and Conviction Records

Posted on May 10, 2012 by Grant T. Collins

On April 25, 2012, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new Enforcement Guidance on using arrest and conviction records when making employment decisions. The EEOC is aggressively pursuing this issue, as reflected by EEOC Commissioner Ishimaru’s remark at a recent public meeting that the EEOC is currently investigating hundreds of cases where employers unlawfully used criminal history in employment decisions. Full Story

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EEOC Issues Updated Enforcement Guidance On Employers’ Consideration of Arrest and Conviction Record

Posted on May 9, 2012 by Lommen Abdo

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued an updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII (the “Guidance”).  The Guidance, effective immediately, summarizes the EEOC’s long-held position that an employer’s reliance on arrest and conviction records may have a disparate impact on individuals because of their race or national origin. Full Story

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EEOC Guidance Highlights the Risks of Using Criminal History Checks in Hiring

Posted on May 7, 2012 by Adam Santucci

According to the Equal Employment Opportunity Commission (“EEOC” or “Commission”), if current incarceration rates continue, 1 in 3 African-American men and 1 in 6 Hispanic men will be incarcerated during their lifetimes. The rate for white men is only 1 in 17. Given this disparity in incarceration rates, the EEOC has long been concerned that employer policies restricting hiring based on prior criminal convictions may unfairly deprive minorities of employment opportunities. Full Story

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EEOC Issues Updated Guidance On Consideration of Arrest and Conviction Records

Posted on May 7, 2012 by Carmen N. Couden

On April 25, 2012, the EEOC published updated enforcement guidance on the use of arrest and conviction records when making employment decisions. Although the EEOC’s guidance does not prohibit employers from considering criminal records as part of the decision-making process, it does set forth the EEOC’s recommended best practices for employers to follow when creating a background screening process that includes a criminal records check. Full Story

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EEOC Issues Updated Guidance Regarding Employer Use of Criminal History; Considers Use of Social Networking Information

Posted on May 7, 2012 by Libbie Canter

The Equal Employment Opportunity Commission has issued updated guidance concerning employer use of criminal histories.  As many as 92 percent of employers use criminal background checks as part of their hiring processes.  The EEOC’s updated guidance generally provides that the EEOC will regard as suspect blanket or automatic exclusions of individuals from employment or promotion simply based on an individual’s criminal record, particularly when the individual is an African American or a Hispanic male.

Full Story

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The EEOC Issues Updated Guidance On Employer Use of Arrest and Conviction Records

Posted on May 4, 2012 by Sheppard Mullin

On April 25, 2012, the United States Equal Employment Opportunity Commission (“EEOC”) issued updated enforcement guidance on employers’ use of arrest and conviction records when making employment decisions under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC’s guidance (the “Guidance”) is intended to codify and build on its prior policies concerning employers’ use of criminal records. Full Story

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EEOC’s Updated Guidance On Arrests and Convictions

Posted on May 4, 2012 by Bruce S. Harrison

Last week, the EEOC issued an “updated” Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII .  The guidance takes the place of the Commission’s 1987 and 1990 policy statements, and was precipitated by a 2007 federal court decision that criticized the EEOC’s past guidance. Full Story

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EEOC Propounds Guidance On Use of Arrest and Conviction Records in Employment Decisions

Posted on May 4, 2012 by Kara M. Maciel

On April 25, 2012, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an enforcement guidance document titled “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et. seq. (the “Guidance”), with respect to employers’ use of arrest and conviction information in connection with employment decisions. Full Story

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