Make sure you comply with the law during the application process.
by Albert Brannen
Thursday, January 3, 2013

Over the past 25 years, courts and the EEOC have provided guidelines on employer use of criminal background employment decisions under Title VII. The EEOC’s recent Guidance restates the Commission’s position and supersedes its previous policy statements on this issue. Here are some guidelines to make sure your business stays in compliance:

  • Do not use a blanket “any conviction” standard.
  • Revise the inquiries on your employment application.
  • Do not consider arrest record.
  • Assess each person’s individual situation.
  • Develop a written policy for conducting criminal background checks.
  • Keep criminal background information confidential.


D. Albert Brannen is a partner in the national law firm of Fisher & Phillips LLP, which represents employers in labor, employment, employee benefits, business immigration, workplace safety and other civil rights matters. He can be reached at dabrannen@laborlawyers.com or 404-240-4235.