New Enforcement Guidance and Other Pre-Employment Screening Practices

Earlier this year the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance for the use of arrest and conviction records as part of post-offer pre-employment screening.

Under the new guidance issued by the EEOC an employer may not apply a general policy excluding individuals with criminal convictions unless required to do so under another Federal law (e.g. granting of security clearances or handling controlled substances). Rather, an employer should only take criminal convictions into account on a case-by-case basis, weighing the nature of the conviction; the time elapsed since the conviction; and specific job requirements.

The new guidance will require that nearly all employers make some change to their hiring process. Even something as simple as asking about criminal convictions on an employment application or during a job interview may be considered discriminatory by the EEOC.

The EEOC and other government agencies have also focused on common screening practices, such as pre-employment tests or exams, credit checks and motor vehicle reports. Employers also have raised many questions regarding drug testing in states that have allowed for the use of medicinal marijuana.

Our live webinar on October 26, 2012 at 1:00 PM eastern time will address the new enforcement guidance and other common pre employment screening practices that may increase risks to an organization.


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