On April 25, 2012, the EEOC will hold a meeting to vote on new guidance regarding the use of criminal arrest and conviction records in employment. The current EEOC guidance (1987 EEOC Policy Statement on the Issue of Conviction Records under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. http://www.eeoc.gov/policy/docs/convict1.html) on this matter requires employers to take into consideration the following to demonstrate business necessity in regards to use of criminal records for employment:
- the nature and gravity of the offense(s);
- time that has passed since the conviction and/or completion of the sentence; and
- the nature of the job held or sought.
In 1990 the EEOC issued a statement regarding the use of arrest records for employment stating that the employer must consider (i) the likelihood that the individual engaged in the conduct arrested for; and (ii) job relatedness.
In 2008 a meeting was held by the EEOC to revisit the guidance issued in 1987 and 1990. This time the focus turned to employment discrimination against individuals with arrest and conviction records. Shortly after this meeting, the E-RACE Initiative went into full effect.
In July 2011, the EEOC revisited the issue brought about in the 2008 meeting.  At this meeting the EEOC contemplated issuing new guidance of the use of arrest and conviction records for employment. This new guidance is expected to be released on April 25.Â
Mega Group Online will keep you updated and informed on this topic as more information becomes available. Â Please feel free to contact MGO with any questions you may have.
