Remember that Guilty Plea in College?

The EEOC Issues Guidance on Using Arrest and Conviction Records in Employment Decisions under Title VII.

The EEOC issued it newest guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 today.

Some of the high points from the summary:

The Guidance focuses on employment discrimination based on race and national origin.

The Guidance discusses the differences between arrest and conviction records.

  • The fact of an arrest does not establish that criminal conduct has occurred, and an exclusion based on an arrest, in itself, is not job related and consistent with business necessity. In contrast, a conviction record will usually serve as sufficient evidence that a person engaged in particular conduct. In certain circumstances, however, there may be reasons for an employer not to rely on the conviction record alone when making an employment decision.

The Guidance discusses disparate treatment and disparate impact analysis under Title VII.

  • A violation may occur when an employer treats criminal history information differently for different applicants or employees, based on their race or national origin (disparate treatment liability).
  • An employer’s neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII, and may violate the law if not job related and consistent with business necessity (disparate impact liability).

You can find the Guidance here.

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