The U.S. Equal Employment Opportunity Commission (EEOC) has taken steps toward rescinding its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII. Although the proposed rescission remains under review with the Office of Management and Budget and has not yet taken effect, it signals a potential shift in the EEOC’s approach to criminal background screening.
Employers should be aware that using arrest or conviction records in employment decisions may still result in liability under federal law.
Background
The EEOC’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII (Guidance) addressed how employers’ use of arrest and conviction records could create liability under Title VII. Although the Guidance itself does not have the force of law, it summarized years of EEOC guidance and court rulings on the use of criminal records in the workplace.
The Guidance focused… Read the complete article here...
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