Human Resource & Labor News
www.agc.orgMay 22, 2012 / Issue No. 3-12
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On the Inside
Legal Developments
NLRB’s “Quickie Election” Rule Deemed Invalid for Lack of Quorum
NLRB Posting Rule on Hold
EEOC Issues Enforcement Guidance on Criminal Background Investigations
Construction Owner Unlawfully Ousted Union Protesters from Common Areas Around Leased Stores
Court Enforces Union Agreement to Indemnify Employer for Withdrawal Liability
OSHA Issues Memo on Employer Safety Incentive and Disincentive Policies and Practices
U.S. Department of Labor Issues Guidance on Apprenticeship Fund Expenses
Federal Contracting
AGC Releases White Paper on Impacting Davis-Bacon Wage Determinations
Recruiting
Connecting Veterans to the Construction Industry
DOL Seeks Employment for Nation’s Youth
Building Trades
Sean McGarvey Elected Building Trades President
Resources
Top Labor Law & Pension Issues Covered at AGC’s Annual Symposium
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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