The Equal Employment Opportunity Commission has issued its long-anticipated Enforcement Guidance on employer use of arrest and conviction records in making employment decisions. The guidance, released on April 25, 2012, is grounded on the premise that any employment practice that has a disparate impact upon a Title VII protected group is unlawful unless the practice is job related and consistent with business necessity.
In issuing the guidance, the EEOC cited concerns that employers use information obtained during criminal background checks to illegally discriminate against employees and job applicants in violation of Title VII of the Civil Rights Act of 1964. Key aspects of the lengthy guidance are discussed below.
