EEOC issues new rules for employers' use of criminal records in employment decisions
The Equal Employment Opportunity Commission (EEOC) has issued new rules for how employers may use information about criminal records of applicants and employees when making employment decisions. The EEOC's new "enforcement guidance" document indicates that blanket employment policies that automatically exclude anyone with a criminal record violate Title VII of the 1964 Civil Rights Act. Employers can continue to conduct criminal background checks, but the new EEOC guidance document spells out important differences between arrest records and conviction records, how employers need to consider each, and urges employers to establish policies based on individual assessment and consideration rather than blanket policies.
A press release summarizing the new EEOC rules is here:
http://www.eeoc.gov/eeoc/newsroom/release/4-25-12.cfm
A Q&A document from the EEOC on the new guidance is here:
http://www.eeoc.gov/laws/guidance/qa_arrest_conviction.cfm
And the full Enforcement Guidance document is here: