EEOC Announces New Guidance on Use of Criminal Background Checks Under Title VII-Focuses on Individualized Assessments of Past Crimes

Yesterday afternoon, the EEOC announced its long awaited, and, by employers, long dreaded, Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII (along with a short and sweet Q&A ). The Guidance is not nearly as bad for employers...

When State Law Conflicts with the EEOC on Criminal Background Checks, Who Wins?

Last year, the EEOC issued its long awaited Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII . While the Guidance was much more fair and balanced than many employer advocates (me included) expected, it does include some head-scratchers...

EEOC Should Do As It Does, Not As It Says

Last June, the EEOC sued BMW , claiming that the company’s policy of automatically disqualifying from employment anyone with certain felony convictions disparately impacted African-Americans. Unfortunately for the EEOC, like BMW, it also uses criminal background checks to screen applicants. BMW...