The equal employment opportunity commission (EEOC) has just approved updated
enforcement guidance concerning
employment discrimination based on individuals’ arrest and conviction records. The EEOC reaffirmed
that its illegal for employers to exclude people from employment based
on arrest or convictions unless related to the particular job.
This means if you believe you have been denied a job opportunity as the
result of a criminal history, you may be able to file an
employment discrimination claim.
The EEOC determined that although Title VII of the 1964 Civil Rights Act
doesn’t expressly bar criminal background checks, employers may
violate Title VII if they intentionally discriminate among individuals
with similar criminal backgrounds if their policies have a disproportionate
impact on gender, national origin, race or any other protected category.
This decision could affect many workers – statistics reveal that
more than 1 in 4 Americans – 65 million – have an arrest or
conviction on their record. Further, nearly 90 percent of employers use
background checks in hiring. Despite the ban on hiring applicants with
criminal records, many companies still take criminal records into account
when making employment decisions.
For more information or if you believe you may have been discriminated
against because of an arrest or conviction, please contact the dedicated
Atlanta employment discrimination lawyers at The Buckley Law Firm, LLC for an immediate consultation.