New EEOC Guidance Prompts Reevaluation Of Criminal Screening Policies

Just when most churches have made criminal background screening standard to avoid harm to children, the elderly, and other vulnerable persons and liability, the federal government has issued guidance reminding employers that, unless criminal screening policies are carefully designed and implemented properly, the policies themselves can confer liability under Title VII of the Civil Rights Act of 1964 (Title VII).

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) released Enforcement Guidance on the use of criminal histories when making employment decisions. Much of the Guidance summarizes existing law per-taining to an employer’s use of an applicant’s criminal history. The primary departure or elaboration on precedent in the Guidance is that the EEOC now strongly recommends that employers make an “individualized assessment” before taking adverse action based on an applicant’s or employee’s criminal history.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Holland & Knight LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×