Enforcement Guidance on the Use of Criminal Records in Employment Approved by EEOC

On Wednesday the Equal Employment Opportunity Commission (EEOC) approved in a 4-1 vote updated enforcement guidance governing the legality of considering a job applicant’s or employee’s criminal history when making hiring or other employment decisions. Commissioner Victoria Lipnic (R) joined the Democrat Commissioners in support of the guidance, while Constance Barker (R) was the lone member to vote against the new guidance. Although the use of credit history for employment screening had been a topic of discussion during an earlier Commission meeting, the Commission has not issued guidance on this topic. Given Commissioner Stuart Ishimaru’s (D) impending resignation, it is likely that any new guidance on credit history would need to be a bipartisan effort with only four Commissioners if such guidance is issued at all anytime soon. To learn more about the revised guidance and its implications for employers, please continue reading at Littler's D.C. Employment Law Update.

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