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Equal Employment Opportunity Commission Issues Updated Guidance on Use of Criminal History in Employment Decisions
April 30, 2012
By: Rosemarie L. Hill, William H. Pickering
The U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012, announced its long-awaited "Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions" (Guidance). Although the Guidance is considered by some not to be as draconian as employers feared it might be, it certainly will make it riskier for employers to use background checks to systematically rule out hiring anyone with a criminal conviction. Links to the Guidance and a series of Questions and Answers from the EEOC are found at:
http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm