U.S. Commission On Civil Rights’ Action On Draft Report On The EEOC’s Guidance On Hiring Screens

Since April 25, 2012 – when the EEOC issued its guidance on the use of arrest and conviction information in employment – employers have been struggling with what it means for their hiring practices. As we wrote about here and here, the EEOC has been extremely aggressive in pursuing litigation seeking to enforce the concepts set forth in the guidance. But one of the main criticisms of the EEOC is that employers do not know how to comply and the guidance is “made up out of whole cloth.” As such, employers remain targets for Title VII pattern or practice lawsuits alleging race and national origin discrimination.

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