Equal Employment Opportunity Commission (EEOC) announced a
new rule that will make it riskier for employers to
discriminate against people with arrest and conviction
employer’s use of an individual’s criminal history in making
employment decisions may, in some instances, violate the
prohibition against employment discrimination under Title
VII of the Civil Rights Act of 1964, as amended.
stipulates that an arrest alone does not necessarily mean
that an applicant has committed a crime and thus should not
be held against an individual automatically. In examining
someone’s arrest and conviction record employers should
consider the nature of the job, the nature and seriousness
of the offense and the how long ago it occurred.
Arrest and conviction
records should not be the sole basis for denying someone
employment. The employer should consider other compelling
reasons such as the sensitivity of the position (handling
sensitive information or items of value).