The employer develops a targeted screen considering at least the nature of the crime, the time elapsed, and the nature of the job (the three factors identified by the court in Green v. The employer validates the criminal conduct exclusion for the position in question in light of the Uniform Guidelines on Employee Selection Procedures (if there is data or analysis about criminal conduct as related to subsequent work performance or behaviors) or Two circumstances in which the Commission believes employers will consistently meet the "job related and consistent with business necessity" defense are as follows: The national data provides a basis for the Commission to investigate Title VII disparate impact charges challenging criminal record exclusions. National data supports a finding that criminal record exclusions have a disparate impact based on race and national origin. The Guidance discusses disparate treatment and disparate impact analysis under Title VII.Ī violation may occur when an employer treats criminal history information differently for different applicants or employees, based on their race or national origin (disparate treatment liability).Īn employer's neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII, and may violate the law if not job related and consistent with business necessity (disparate impact liability). In certain circumstances, however, there may be reasons for an employer not to rely on the conviction record alone when making an employment decision. In contrast, a conviction record will usually serve as sufficient evidence that a person engaged in particular conduct. However, an employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unfit for the position in question. The fact of an arrest does not establish that criminal conduct has occurred, and an exclusion based on an arrest, in itself, is not job related and consistent with business necessity.
The Guidance discusses the differences between arrest and conviction records. The Introduction provides information about criminal records, employer practices, and Title VII. The Guidance focuses on employment discrimination based on race and national origin. Equal Employment Opportunity Commission (Commission or EEOC) issued over twenty years ago. The Guidance builds on longstanding court decisions and existing guidance documents that the U.S. Positions Subject to State and Local Prohibitions or Restrictions on Individuals with Records of Certain Criminal ConductĪn 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.Waiving or Appealing Federally Imposed Occupational Restrictions.Positions Subject to Federal Prohibitions or Restrictions on Individuals with Records of Certain Criminal Conduct.Targeted Exclusions that Are Guided by the Green Factors.Examples of Criminal Conduct Exclusions that Do Not Consider the Green Factors.The Time that Has Passed Since the Offense, Conduct and/or Completion of the Sentence.The Nature and Gravity of the Offense or Conduct.Detailed Discussion of the Green Factors and Criminal Conduct Screens.Determining Whether a Criminal Conduct Exclusion Is Job Related and Consistent with Business Necessity.Job Related for the Position in Question and Consistent with Business Necessity.
The EEOC's Interest in Employers' Use of Criminal Records in Employment Screening.Employers' Use of Criminal History Information.Questions and Answers About the EEOC's Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII What You Should Know About the EEOC and Arrest and Conviction Records
0 kommentar(er)
