EEOC May Revise Background Check Rules

April 24, 2012

The U.S. Equal Employment Opportunity Commission (EEOC) will hold a meeting on Wednesday, April 25 to consider “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964.” The content of the proposed revisions remains undisclosed.

Criminal background checks are an important tool in efforts to help protect employees, customers, businesses and the public at–large from workplace violence, fraud and theft. In some cases, they are legally required. In many cases, employers that fail to conduct criminal background checks are subject to liability if their employee commits a crime while on the job.

NSBA opposes restrictions on employers’ ability to conduct criminal background checks. See here for the coalition letter NSBA signed on to which was sent to the EEOC in opposition to the changes to existing guidance.