In the ensuing years since the Equal Employment Opportunity Commission (EEOC) published its comprehensive Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII in 2012, a fair number of state and local jurisdictions have passed laws regulating criminal history background checks and the use of that information. In addition, several high profile settlements occurring since then underscore the challenges companies can face in implementing compliant criminal history background check and use processes.
In light of these developments, we have prepared a guide to the state of the law with respect to regulating background checks and the use of criminal history information for employment purposes, including under Title VII and the federal Fair Credit Reporting Act (FCRA), as well as under relevant state and local laws. In addition, we offer some practical pointers regarding best practices for compliance.
Please note that our guide is designed to provide general guidance, and is not intended to provide legal advice. Employers are well advised to consult with counsel as well as assess the possible application of any relevant state and/or local law anytime an issue arises regarding the obtaining and use of criminal history in making a selection decision.
Members of the Center for Workplace Compliance (CWC) can read more here.