Criminal Records Equal Employment Opportunity Commission

News & Analysis as of

Using Criminal Convictions in the Hire Process: A Hobson's Choice for Employers?

Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the...more

That is SO last week - August 2015

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

Federal Court Limits Employer's Right to Discover Information About the EEOC’s Own Hiring Policies and Expands the EEOC's Rights...

In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an...more

Ban-the-Box Bandwagon Requires Application Review

On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications....more

EEOC Provides Clarification on Use of Criminal History Information in Hiring Decisions

What are the requirements for employers that use criminal history information in making employment decisions? Are employers required to take on the onerous task of individually assessing applicants to ensure that they do not...more

Dealership Update, No. 3, August 2013: "Do I Have To Hire A Criminal With Bad Credit?"

The answer to whether an employer may refuse to hire someone with a criminal record or bad credit is not as simple as you might think. Two recently-filed lawsuits by the EEOC alleging that employers’ criminal-conviction...more

Two New EEOC Criminal Record Lawsuits Underscore Important Strategic and Practical Considerations for Employers Conducting...

In March 2010, an employer successfully persuaded the Equal Employment Opportunity Commission (EEOC) to concede its disparate impact discrimination lawsuit against the employer based on its criminal record screening policies...more

Prisoner 24601 May Report For Duty, Says the EEOC

Can the EEOC require employers to hire convicted criminals? Last April, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a policy guideline that calls into question the extent to which employers can...more

OFCCP Echoes EEOC’s Recommendations On The Use Of Criminal Records In Making Hiring Decisions

On January 29, 2013, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued Directive No. 306: "Complying with Non-Discrimination Provisions: Criminal Records Restrictions and...more

OFCCP Issues Guidance on Use of Criminal Records in Employment Decisions

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently posted a Directive on “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race...more

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