EEOC Updates Guidance on the Use of Criminal Records for Employment Decisions

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:

Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (The Enforcement Guidance)

EEOC Press release on Enforcement Guidance

EEOC Q&A on the Enforcement Guidance

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.

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