The EEOC has released a letter outlining its general position with respect to employers using arrest and conviction records in pre-employment screening. Generally, the EEOC admonishes employers to distinguish between arrest and conviction records warning that arrest records are susceptible to errors and do not reflect whether the person was convicted of a crime. It also warned employers to tailor the use of conviction records to the position to be filled. Finally, if the use of conviction records results in a disparate impact on minorities, the employer should not use them. For more information on pre-employment inquiries regarding arrests and convictions from the EEOC, click here.
Each case a business or individual may face is unique and may require legal advice. If you would like additional information regarding the content of this article, please contact the author, Keith Overholt, or the Chair of our Labor and Employment Department, John Egbert.