The EEOC, Congress, and many state legislatures are closely scrutinizing how employers use background checks, especially criminal histories and credit reports.

On April 25th, 2012, the Equal Employment Opportunity Commission issued new “enforcement guidance on the consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964.” This was the first guidance on this topic issued by the EEOC in more than 20 years and reflects the EEOC’s recent scrutiny of employers’ use of criminal records in making employment decisions. In addition to Title VII, other federal and state laws regulate employer’s use of criminal records, credit reports, and other information.

This presentation will walk employers through the key cases surrounding disparate impact and employers’ use of criminal history. We will also outline process of preparing background screening policies and procedures that help ensure a safe and productive workforce while staying out of regulators’ and plaintiffs’ attorneys’ crosshairs.

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