EEOC Hints Case-By-Case Criminal Checks A Better Bet

Law360, New York (April 27, 2012, 8:30 PM EDT) -- Employers looking to avoid getting hit with Title VII suits over their use of criminal background checks would do well to update their policies in light of new U.S. Equal Employment Opportunity Commission guidance urging a case-by-case approach, attorneys told Law360.

The commission voted 4-1 on Wednesday to approve updated enforcement guidance on employer use of arrest and conviction records in employment decisions under Title VII. The guidance discusses how the use of such information by employers could run afoul of the statute's prohibition on discrimination based on race or national origin.

Because of the potential for a disparate impact on...

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