New EEOC Guidance: What Employers Need to Know About the Use of Criminal Records in the Hiring Process
Topic: Contract Law, Policies, & Rules of Engagement
Original Air Date: Tuesday, July 17, 2012
Program Code: 170060
The Equal Employment Opportunity Commission approved, by a 4-1 vote, a revised Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964. The Guidance was effective at the end of April. Before disqualifying an individual with a criminal record from employment, the Commission emphasizes, employers should engage in an individual assessment involving a dialogue with that individual. While the Guidance states that employers would not violate Title VII if they disqualify an applicant based on separate federal restrictions on the employment of persons with criminal records, an employer may not defend a decision to disqualify an individual solely on state restrictions on the hiring of persons with criminal records.
- How to comply with the new guidance;
- How to conduct an "individualized assessment" in conjunction with a targeted screen;
- What happens if federal or state law require a background check; and
- What "best practices" can be followed to minimize risk of EEOC scrutiny
Jackson Lewis LLP
Garen E. Doge is a Partner in the Washington, D.C. Region office of Jackson Lewis LLP. He is co-Leader of the firm's Government Relations practice and coordinator of the firm's Government Contracts industry. Mr. Dodge's practice covers the spectrum of employment litigation, including both state and federal claims involving labor, privacy, discrimination, harassment, wage and hour, and occupational safety and health. He assists companies in establishing workplace harassment, affirmative action, substance abuse, and other programs and trains supervisors and employees on effective personnel policies. He has experience conducting workplace investigations. He represents clients before Congress and key federal agencies.
Mr. Dodge has been recognized by Smart CEO as one of its "Go To Lawyers" and by Lawdragon as a "Leading Lawyer." He has also been named a "Super Lawyer" in both Washington, D.C. and Virginia and has long been "AV" rated by Martindale-Hubbell. Mr. Dodge is a member of the Virginia, District of Columbia, and Wisconsin bars. He is a Member of the United States Supreme Court bar, as well as the federal and state courts in Virginia, District of Columbia, and Wisconsin. He is a member of the Labor Relations Committee of the U.S. Chamber of Commerce and serves a General Counsel to the Council for Employment Law Equity. He served as an Attorney-Advisor for the U.S. Department of Labor, Office of the Secretary, Benefits Review Board from 1982-1985.
Mr. Dodge received his B.A. summa cum lade from the University of Wisconsin - Green Bay in 1979. He earned is J.D. in 1982 from the College of William & Mary Marshall-Wythe School of Law.
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