Arrest and Conviction Records Guidance

Posted July 26, 2012 Company News

The EEOC has issued an updated Enforcement Guidance relating to the use of arrest and conviction records in making employment decisions under Title VII of the Civil Rights Act of 1964. The Enforcement Guidance updates relevant data, consolidates previous EEOC policy statements on this issue into a single document and illustrates how Title VII applies to various scenarios that an employer might encounter when considering the arrest or conviction history of a current or prospective employee.

For more information please see the Littler Report, Criminal Background Checks: Evolution of the EEOC’s Updated Guidance and Implications for the Employer Community, by Barry Hartstein, Rod Fliegel, Marcy McGovern, and Jennifer Mora, at:

The full text of the guidance is available at:


Information Provided By:

Littler Mendelson P.C.

Authors: Barry Hartstein, Rod Fliegel, Marcy McGovern, and Jennifer Mora



Please note that the information contained in this document is designed to provide authoritative and accurate information, in regard to the subject matter covered. However, it is not provided as legal or tax advice and no representation is made as to the sufficiency for your specific company’s needs. This document should be reviewed by your legal counsel or tax consultant before use.

Additionally, the messages and content within the Pittsburgh Health Care Reform group do not reflect the advisory services of Henderson Brothers, Inc.


Contributing EXPERT: Shari Herrle