Attorney Generals oppose EEOC’s criminal records guidance
July 31, 2013
EEOC’s recent guidance on criminal record checks and the hiring of those with previous criminal convictions. According to the state AGs:
- The EEOC’s enforcement actions and Enforcement Guidance are an unwarranted expansion of Title VII of the Civil Rights Act.
- The EEOC cannot use Title VII and the prevention of racial discrimination in employment as a stepping stone to create a new protected class for employment discrimination purposes, as that must be done by Congress. The new protected class being ex-offenders.
- The EEOC overreaches by preempting state and local laws which impose criminal background restrictions on certain positions of employment.
- There are practical consequences to employers for having to undertake more individualized assessments — cost and time. Coupled with the concern that individualized assessments are liable to increase discrimination suits if rejected applicants allege it was not conducted properly, which is important considering that it is a subjective assessment as spelled out in the Enforcement Guidance.
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