Avoiding the Pitfalls of Using Criminal Arrest and Conviction Records When Making Employment Decisions

摘要

Although most employers know that employment decisions based on race, color, religion, sex, or national origin may violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964, many are unaware that making an employment decision on the basis of an employee's criminal history may expose the employer to liability under Title VII as well. Employers should inform themselves about the proper treatment of an employee's criminal history to ensure compliance with Title VII. The questions and answers that follow highlight the key issues that employers may face when considering an employee's criminal history and provide guidelines designed to help employers avoid violating Title VII.