EEOC Issues Revised Enforcement Guidance on Use of Criminal Records in Employment Decisions

The Equal Employment Opportunity Commission (EEOC) has approved a revised enforcement guidance document concerning an employer's use of criminal arrest and conviction records in making hiring and other employment decisions. According to the new guidance, an employer's racially/ethnically neutral policy (e.g., a "criminal record exclusion" that excludes all applicants from employment based on certain criminal convictions) will be deemed by the EEOC to have a disparate impact on race and national origin, and thus be subject to EEOC investigation. To defend such a policy, the employer will need to establish that the policy is "job related and consistent with business necessity."

The National Association of Wholesaler-Distributors (NAW) has issued a new Legal Advisory regarding this revised guidance document. Click here to view "EEOC Issues Revised Enforcement Guidance on Use of Criminal Records in Employment Decisions."

 

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