On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) – which enforces federal laws prohibiting employment discrimination – issued “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” to address the application of Title VII to the use of criminal records by employers.
The EEOC enforces Title VII which prohibits employment discrimination based on race, color, religion, sex, or national origin. An employer’s use of an individual’s criminal history in making employment decisions may violate the prohibition against employment discrimination under Title VII. This white paper is a brief summary of the EEOC Guidance that will use language taken directly from the Guidance.