Employers Group Blog Connection

Criminal Backgrounds and the EEOC

Posted by Nicole Vierzba on Tue, Jun 5, 2012

How do the new U.S. Equal Employment Opportunity Commission guidelines on criminal background checks affect your hiring practices? Actually, the guidelines highlight an already well-established rule under Title VII case law that the use—or rather misuse—of arrest and conviction records can lead to claims of unlawful discrimination under both disparate treatment and disparate impact theories. What the EEOC adds to the discussion with these guidelines, however, is additional clarity regarding the procedures employers should implement when using criminal records if they wish to avoid claims of employment discrimination.

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Topics: hiring, human resources, background, best practices, EEOC