The Equal Employment Opportunity Commission approved, by a 4-1 vote, a revised Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964. The Guidance was effective at the end of April. Before disqualifying an individual with a criminal record from employment, the Commission emphasizes, employers should engage in an individual assessment involving a dialogue with that individual. While the Guidance states that employers would not violate Title VII if they disqualify an applicant based on separate federal restrictions on the employment of persons with criminal records, an employer may not defend a decision to disqualify an individual solely on state restrictions on the hiring of persons with criminal records.
-How to comply with the new guidance;
-How to conduct an "individualized assessment" in conjunction with a targeted screen;
-What happens if federal or state law require a background check; and
-What "best practices" can be followed to minimize risk of EEOC scrutiny
Garen Dodge, Partner, Jackson Lewis, LLP
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