6 tips for complying with EEOC guidance when using arrest and conviction records

Arnstein & Lehr attorney Mark A. Spognardi

Mark A. Spognardi

Chicago Partner Mark Spognardi recently wrote an article, “6 tips for complying with EEOC guidance when using arrest and conviction records,” that discusses the Equal Employment Opportunity Commission’s April 2012 revision of the Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Right Act of 1964 (Guidance).

Mr. Spognardi states, “Under the Guidance, an employer may commit disparate impact discrimination against a protected minority classification if the evidence shows that its facially neutral arrest and conviction policy or practice disproportionately denies employment to a protected minority group and the employer cannot demonstrate that the policy or practice is relevant to the position in question and consistent with business necessity.” In the article, he explains in further detail the effects the EEOC’s new revision has on employers and employees.

A partial look at Mr. Spognardi’s suggested best practices for complying with the EEOC’s guidance and minimizing the risks includes:

  • Assess your current policy/practice;
  • Develop a written policy;
  • Include an individualized assessment;
  • and more …

The article appeared in the September 17 issue of Inside Counsel. To read the article, including the complete details of all six tips, please click here.

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