The much anticipated EEOC ruling on Arrest and Conviction Records for Criminal Records used during Employment Screening has finally arrived. It is extremely important that you review the guidance they have provided and ensure, with your legal counsel, that your process is up to date. Below is an article (please visit the link for the full article) detailing the ruling from one of the most respected legal experts in our industry, Pamela Devata.
Today, by a 4 to 1 vote of its Commissioners, the EEOC published its long-awaited and much-anticipated Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. After the Commissioners’ vote, the EEOC issued a press release about the Guidance along with a Q & A sheet on its new interpretation of Title VII.
If you are an employer, this is required reading for your hiring officers.
Overview Of The EEOC’s Guidance
The EEOC’s Guidance is aimed at employers (best practices for employers are included), as well as for use by the EEOC’s staff. Undoubtedly, the concepts within it will also impact litigation issues in cases brought by the EEOC over use of criminal background checks in the hiring process, especially the EEOC’s high profile litigation alleging systemic violations under Title VII against African-American and Hispanic applicants…Read more
Please make sure you or the appropriate person in your company has reviewed the full EEOC guidelines published today. Then, review your process with legal counsel to avoid any future litigation. Please let us know if you need any assistance with this or any other matter.