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Serving People from Arrest to Reintegration

EEOC Guidance on Statistics

  • Organization: Equal Employment Opportunity Commission
  • Document Type: Case law/admin decisions
  • Date Created: Monday, August 01, 1988
  • Submitted: Friday, December 29, 2006
  • Attachment(s): PDF

It is the Commission's position that an employer's policy or practice of excluding individuals from employment on the basis of their conviction records has an adverse impact on Blacks and Hispanics in light of statistics showing that they are convicted at a rate disproportionately greater than their representation in the population. Policy Statement on the Issue of Conviction Records Under Title VII (February 4, 1987). However, when the employer can present more narrowly drawn statistics showing either that Blacks and Hispanics are NOT convicted at a disproportionately greater rate or that there is no adverse impact in its own hiring process resulting from the convictions policy, then a no cause determination would be appropriate.

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