In what is certain to generate much debate, discussion, and impact, today’s EEOC public meeting will discuss “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964.” This meeting is a follow up to a previous meeting in July in which discussions centered on the EEOC’s goal of developing strategies for addressing current manifestations of discrimination.
Specifically, the EEOC is attempting to limit the disparate impact of employment criminal background checks. The premise is, since some groups including African-Americans and Hispanics have much higher incarceration rates, there is corollary disparate impact on these groups when criminal records are used in the hiring process. While the EEOC has long pursued policies to minimize or eliminate employment discrimination based on race, gender, or nationality, the Commission seeks to update those policies to reflect today’s social and economic situations.
If you’ve been following our blog you know that we’ve been talking about the issue of criminal records checks and the EEOC for some time. Here are a few recent posts to reacquaint you with the issues:
- EEOC to Discuss Use of Criminal Records in Employment Screening
- EEOC Examines Arrest and Conviction Records as a Hiring Barrier
- EEOC Focus on Criminal Background Checks Underscores Importance of a Holistic Approach
- Use Employee Criminal Background Checks Wisely
- Does the Use of Criminal Records Actually Reduce Discriminatory Hiring?
Revisit this blog soon to read our post-meeting summary and reaction.
**UPDATE April 25, 2012 5:20pm EST**
Our friends Pamela Devata and Frederick Smith at the law firm, Seyfarth Shaw LLP, just posted a brilliant update on the EEOC meeting and resulting Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions. Click here to read their post.