Employment Matters Blog

EEOC Issues Enforcement Guidance on Employers’ Use of Arrest and Conviction Records

Posted in background checks, EEOC

According to a press release issued today, the EEOC has issued an updated Enforcement Guidance, relating to the use of arrest and conviction records in making employment decisions under Title VII of the Civil Rights Act of 1964.  According to the release, the Enforcement Guidance “updates relevant data, consolidates previous EEOC policy statements on this issue into a single document and illustrates how Title VII applies to various scenarios that an employer might encounter when considering the arrest or conviction history of a current or prospective employee.” 

The Enforcement Guidance and an associated Q & A document will be released and posted on the EEOC website.  We will update this entry when we have had the chance to review and analyze this new development.