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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...

BMW Settles EEOC Background-Check Lawsuit For a Cool $1.6 Mil

Last month, a South Carolina federal judge denied BMW’s attempt to dismiss an EEOC lawsuit which alleged that the company’s criminal background checks for job applicants had a discriminatory disparate impact on African Americans ( opinion here ) [subscribers can access an enhanced version...