EEOC Issues Enforcement Guidance on Criminal Background Investigations
On April 25, 2012, the U.S. Equal Employment Opportunity Commission issued its enforcement guidance on the consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. Effective immediately, the guidance updates, consolidates, and supersedes the Commission’s 1987 and 1990 policy statements on this issue. It is also designed to be a resource for employers, employment agencies, and unions covered by Title VII; for applicants and employees; and for EEOC enforcement staff.
The guidance does not prohibit employers from obtaining and using criminal background reports about job applicants and employees. It does, however, require employers to prove that the use of such reports is “job related and consistent with business necessity.”
More information, including questions and answers about the guidance, is available at www.eeoc.gov.
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