EEOC’s Update of the Use Of Criminal Records

The EEOC has updated their idea of  “Employer Best Practices” as outlined below:


VIII. Employer Best Practices

The following are examples of best practices for employers who are considering criminal record information when making employment decisions.


•    Eliminate policies or practices that exclude people from employment based on “any” criminal record.

•    Train managers, hiring officials, and decision makers about Title VII and its prohibition on employment discrimination.

Developing a Policy

•    Develop a narrowly tailored written policy and procedure for screening applicants and employees for criminal conduct.

   Identify essential job requirements and the actual circumstances under which the jobs are performed.

.    Determine the specific offenses that may demonstrate unfitness for performing such jobs.

.   Identify the criminal offenses based on all available evidence.

Determine the duration of exclusions for criminal conduct based on all available evidence.

.  Include an individualized assessment.

.  Record the justification for the policy and procedures.

.  Note and keep a record of consultations and research considered in crafting the policy and procedures.

•    Train managers, hiring officials, and decision makers on how to implement the policy and procedures consistent with Title VII.

Questions about Criminal Records

•    When asking questions about criminal records, limit inquiries to records for which exclusion would be job related for the position in question and consistent with business necessity.


If you would like further information on what the EEOC has finally determined are guidelines based on EXACTLY what we at APSCREEN (Since 1980 ) have been saying, consistently, in writing, and through scores of published works  since inception (upon which many, if not most of the published writings since the industry “started” in the mid-1990’s have been based on), please don’t hesitate to call.

APSCREEN, still the oldest, still the best and now, with 32 years of our “best practices” canonized and approved by the EEOC.  Want Proof?  We’ll provide it upon request.


Here is the entire Report:

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