EEOC Expected Update--Be Watching

On April 25th, the Equal Employment Opportunity Commission is expected to issue 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 will be the first guidance on this topic issued by the EEOC in more than 20 years. It is widely expected that the new guidance will reflect the EEOC’s recent litigation trend of trying to limit employers use of criminal records in making employment decisions.