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New EEOC Criminal History Guidelines

Kane Russell Coleman & Logan PC
Arthur V. Lambert, Joshua M. Sandler
KRCL EMPLOYMENT ALERT, July 9, 2012
Dallas/Houston, TX

In an effort to deter or decrease employers' reliance on the use of criminal history information, the EEOC recently issued guidance on this topic. This guidance, the Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (the "Guidance") is available at http://www.eeoc.gov/eeoc/newsroom/ release/4-25-12.cfm. In short, while the EEOC makes clear what it does not like—employers’ over-reliance on employees or potential employees’ past criminal history information—it provides little definitive guidance to employers in a number of areas. What is clear, however, is that inquiries into employee criminal history carry with them some risk, as is explained below.  Read more...

Kane Russell Coleman & Logan PC is a full service law firm with offices in Dallas and Houston. Formed in 1992 with five lawyers, today KRCL has 83 lawyers.  The Firm provides professional services for clients ranging from Fortune 500 companies to medium-sized public and private companies to entrepreneurs.  KRCL handles transactional, litigation and bankruptcy matters in Texas and throughout the country.

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