EEOC Cracking Down on Use of Criminal Background Checks

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EEOC Cracking Down on Use of Criminal Background Checks

by Robert Levy on August 13, 2013

The Equal Employment Opportunity Commission (EEOC) is cracking down on how employers use criminal background checks during the hiring process. It recently filed lawsuits against a BMW manufacturing facility and discount retailer Dollar General Corp. The agency alleges both employers discriminated against African American workers through their use of overly broad criminal background policies.

In April 2012, the EEOC released updated enforcement guidance on the proper use of arrest and conviction records by employers in employment decisions under Title VII of the Civil Rights Act of 1964 (Title VII). These are the first suits to enforce the new, more stringent guidelines.

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