This week, the U.S. Equal Employment Opportunity Commission (EEOC) passed new guidance that affects how employers use arrest and conviction records in their employment decisions under Title VII of the Civil Rights Act of 1964.
While it appears the guidance calls for a tighter screening process, employers retain their right to use criminal reports in employment decisions. Employers should review the Enforcement Guidance with their legal counsel to determine how the Enforcement Guidance will impact their background screening programs.
Criminal background checks remain an important part of the pre-employment screening process, to protect the workplace and make better hiring decisions. Some employers are required by state laws to conduct background checks for certain roles (for example, some positions in the health care industry).
To learn more about the Enforcement Guidance, see these useful resources:
Recorded Webinar: Understanding the Nuances of the Updated EEOC Enforcement Guidance
Littler Mendelson, the premier U.S. employment law firm, shares insights on the updated Enforcement Guidance.
Insights that will help you evaluate potential changes to your background screening policies and procedures.
The HireRight Blog is provided for informational purposes only. It is not intended to be comprehensive, and is not a substitute for and should not be construed as legal advice. HireRight does not warrant any statements in the HireRight Blog. Any statutes or laws cited herein should be read in their entirety. You should direct to your own experienced legal counsel questions involving your organization's compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply.
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