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SMALL BUSINESS NEWS

14 May  2012

 

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EEOC New Ruling on Arrest and Conviction Records

The Equal Employment Opportunity Commission (EEOC) announced a new rule that will make it riskier for employers to discriminate against people with arrest and conviction records.

An 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.

The EEOC 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).

Details on this rule can be found at:  Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964

Sources:

Pre-Employment Inquiries and Arrest & Conviction

Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964

 

By Tim Miller

 

 

 

 

 

 
 

 

  
 

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