Pamela Devata Quoted in Law360
“EEOC Hints Case-By-Case Criminal Checks A Better Bet”

Employment partner Pamela Devata was quoted in an April 27 Law360 article concerning the use of criminal background checks. According to the article, the U.S. Equal Employment Opportunity Commission has issued new guidance regarding employers’ use of arrest and conviction records when making employment decisions.

“The EEOC can make an employer's life very difficult if the employer decides not to comply with this guidance,” Pam remarked.

Pam encouraged employers to determine the necessity of using criminal background checks on a case-by-case basis, to avoid being accused of discrimination under Title VII. “I think the first thing employers need to do is review their employment application policies and procedures with regard to requesting and using criminal history,” she said. “They need to specifically identify the essential function of each job and how criminal history may or may not relate to it.”