New Federal Guidance on Use of Criminal History in Hiring Decisions

By: Megan C. Spratt

The new guidance from the Equal Employment Opportunity Commission, the first update on the issue in more than 20 years, clarifies when and how an employer may consider job candidates' past arrest and conviction records without violating federal discrimination law.

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) passed updated enforcement guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1974. Title VII applies to employers with 15 or more employees, including nonprofit organizations and associations. ...