Est. time: 16 min

Recently, the EEOC (Equal Employment Opportunity Commission) issued updated enforcement guidance on the use by employers of applicant and employee arrest or conviction data in making employment decisions under Title VII of the Civil Rights Act of 1964. On the one hand, it is clear that Title VII does not prohibit employers from requiring individuals to provide arrest or conviction data, or employers from using such data. Many States require school districts to conduct criminal background checks at some point during the employment process. Some States or Districts have also established mandatory prohibitions on the employment of certain individuals based upon the results of such information. In certain cases, however, the EEOC and the courts have found that use of this data has violated Title VII of the Civil Rights Act (prohibiting discrimination on the basis of race, color, national origin, religion or sex).