Considering Criminal Record Information When Making Employment Decisions - 04/25/2012

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) released updated enforcement guidance on the use of criminal records when making employment decisions. Today, the commission approved 4-1 to issue the new guidance. You are able to access the press release directly by visting the EEOC website .

In a best effort to summarized what would be an employer’s best practices when reviewing criminal records of applicants and employees’, here are some examples.

1. Eliminate “blanket” polices that prevent employment based on any criminal record.
2. Educate managers and hiring officers about Title VII and employment discrimination.
3. Develop a written policy that is tailored for screening applicants & employees for criminal conduct
4. Identify essential job requirements and circumstances under which the jobs are performed.
5. What specific offenses demonstrate“unfitness” for performing such job?

Remember, when asking questions about criminal records, limit inquires to records for which exclusion would be job related for the position in question and consistent with business necessity. Also, keep information about applicants’ and employees’ records confidential. Only use it for the purpose for which it was intended.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at


For More Information Contact:
Chevis Hughes
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