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NELP Fact Sheet: Highlights of EEOC New Criminal Record Guidance


On April 25, 2012, the EEOC issued new guidance on the application of Title VII to criminal records.  Click the "Go to Website" link below, to access a fact sheet prepared by the National Employment Law Project, which summarizes highlights of the new guidance.  According to NELP,

"The thorough review and analysis by the EEOC confirms the core principles present in the earlier guidances, including:

  • The presumption that criminal record policies have a disparate impact based on race and national origin, for purposes of EEOC investigation of criminal record charges (page 10);
  • The three “business necessity” factors (age of the offense, seriousness of the offense, and the relationship to the job) contained in the EEOC’s 1987 convictions policy (page 15);
  • The conclusion that across-the-board exclusions usually violate Title VII (page 16); and
  • The prohibition against considering arrests that have not led to convictions (page 12).

Indeed, the new guidance in many respects simply updates and clarifies prior law and policy."

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