The Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued revised guidance on April 25, 2012 on the use of criminal history records. This is important guidance which will affect how end-users use criminal records reports for employment screening purposes. The new guidance was approved by the Commission by a vote of 4 – 1.
The guidance and EEOC press release can be found online as well as Q&As posted on the Commission’s website.
One change from past practices may be that the guidance will require employers who use criminal reports for employment screening purposes to take additional steps, such as the use of validation studies, decision matrices and individualized assessments. Experts analyzing the guidance also have pointed out that there appears to be a conflict between Title VII and the use of state and local criminal exclusions for employment purposes.
For more resources on this guidance and how it may effect your screening program please contact your Advanced Reporting team.