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EEOC issues guidance on employer use of arrest and conviction records

April 25, 2012

The U.S. Equal Employment Opportunity Commission today issued updated enforcement guidance on employer use of arrest and conviction records. Among other topics, the guidance discusses how an employer's use of an individual's criminal history in making employment decisions could violate the prohibition against employment discrimination under Title VII of the Civil Rights Act; federal court decisions analyzing Title VII as applied to criminal record exclusions; compliance with other federal laws or regulations that restrict or prohibit the employment of individuals with certain criminal records; and employer "best practices." The commission also issued a question-and-answer document on the guidance. AHA is reviewing the guidance and will provide additional information to members soon.