Today, the Equal Employment Opportunity Commission (EEOC) issued an updated Enforcement Guidance document on employer use of arrest and conviction records in employment decisions under federal law (Title VII ).
The EEOC voted 4-1 to approve the guidance document. The EEOC also issued a Question-and-Answer document about the new enforcement guidance.
Among other topics, the guidance discusses how an employer’s use of an individual’s criminal history in making employment decisions could violate the prohibition against employment discrimination under Title VII. For example:
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