May 30, 2012

A former general counsel of the Equal Employment Opportunity Commission (EEOC) disagrees with its recent guidance to not ask about convictions in employment applications.

“A few jurisdictions ‘ban the box’,” that asks whether an applicant has any prior convictions, noted Don Livingston, now an attorney with Akin Gump in Washington, D.C. “In those jurisdictions, employers are barred from asking about criminal convictions at the application stage of the hiring process.”

May 18, 2012

The Equal Employment Opportunity Commission’s (EEOC) guidance on criminal background checks in hiring issued in April was necessary to update guidance last issued more than 20 years ago, according to former commission vice chair Leslie Silverman, now a partner at Proskauer Rose LLP in Washington, D.C.

May 7, 2012

By a 4-1 vote, the Equal Employment Opportunity Commission (EEOC) on April 25, 2012, approved a new guidance on criminal background checks.

Consolidating and superseding previous EEOC guidance on criminal background checks, the guidance discourages blanket exclusions of individuals who have been convicted of crimes and encourages the use of individualized assessments of whether an employer’s criminal conduct exclusion is job related and consistent with business necessity.