Last week, the EEOC issued an “updated” Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII .  The guidance takes the place of the Commission’s 1987 and 1990 policy statements, and was precipitated by a 2007 federal court decision that criticized the EEOC’s past guidance.

While the Commission

The EEOC recently issued another information discussion letter regarding pre-employment criminal background checks.  Many employers conduct criminal background checks, and the EEOC has long-held that such screenings do not violate Title VII per se because Title VII does not regulate inquiries by employers.  The discussion letter, however, reminds employers that the use of criminal records