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The EEOC Releases New Enforcement Guidance on Arrest and Conviction Records in the Hiring Process

The Workplace Class Action Blog (04/25/12) Pamela Devata; Frederick Smith

The U.S. Equal Employment Opportunity Commission has published new guidance on the use of arrest and conviction records in the hiring process. Therefore, companies are advised to consider altering their use of criminal history. The guidance is based on the premise that “national data support a finding that criminal record exclusions have a disparate impact.” The guidance also points to studies showing that criminal records are frequently incomplete and inaccurate.