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Serving People from Arrest to Reintegration

Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964

  • Organization: U.S Equal Employment Opportunity Commission(EEOC)
  • Document Type: Brief/Motion Papers
  • Date Created: Wednesday, April 25, 2012
  • Submitted: Monday, April 30, 2012
  • Attachment(s): LINK

U.S. Equal Employment Opportunity Commission (EEOC) has issued a revised guidance on the application of Title VII of the Civil Rights Act of 1964 to criminal records. The guidance reaffirms the basic standards adopted in 1987 while updating and clarifying prior law and policy. The guidance specifies that because criminal background checks have a "disparate impact" on people of color, employers must consider the age of the offense, the seriousness of the offense, and its relation to the job in question. The guidance also provides best practices for employers, background social science and legal research, and several examples for employers.

The National Employment Law Project has prepared a fact sheet: Highlights of EEOC New Criminal Record Guidance. Also See NELP's press release and audio recording of their press briefing.

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