In April, the EEOC issued a new Enforcement Guidance document on the use of criminal history information in making hiring and other employment decisions.
The guidance makes it clear that the EEOC considers it unlawful to exclude candidates based on arrest records alone, and that blanket exclusions based on convictions violate the law. Conviction-based exclusions must be job-related and consistent with business necessity.
In light of the guidance and the EEOC's increased focus on discrimination in hiring, employers should review and update their criminal history screening policies and practices.
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