Workplace Word - May 2012
Criminal Background Checks - Title VII and the Fair Credit Reporting Act
Criminal Background Checks – Title VII and the Fair Credit Reporting Act
by Manny Cairo
On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued revised guidelines relating to the use of an individual’s criminal record information in making employment-related decisions. See “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, U.S. Equal Employment Opportunity Commission” (2012) (hereinafter “Guidelines”). While the EEOC has long looked skeptically on an employer’s use of criminal record information, the Guidelines now provide greater insight into when employers can use such information.