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Serving People from Arrest to Reintegration

EEOC Guidance on Arrests

  • Organization: Equal Employment Opportunity Commission
  • Date Created: Friday, September 07, 1990
  • Submitted: Friday, December 29, 2006
  • Attachment(s): PDF

This policy guidance establishes EEOC's policy for determining whether arrest records may be considered in employment decisions. The guidance concludes that employers must consider arrests differently from convictions, and should do no more than "trigger" further inquiry into an applicants character or prior conduct. After considering all of the circumstances, if the employer reasonably concludes that the applicant's or employee's conduct is evidence that he or she cannot be trusted to perform the duties of the position in question, the employer may reject or terminate the individual.

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