We knew it was coming.
As expected, the U.S. Equal Employment Opportunity Commission has rescinded 2012 Obama-era guidance on the use of criminal background information in connection with hiring and employment. I blogged about it here.
Yesterday's vote was 2-1, with Chair Andrea Lucas and Commissioner Brittany Bull Panuccio, both Republicans, voting in favor of rescinding the guidance. The only Democrat on the Commission, Kalpana Kotagal, voted against it and issued her own statement.
According to the EEOC press release linked above, "The rescission does not restore policy statements superseded by the 2012 Guidance, nor does it require employers to abandon any lawful practices they may have adopted in response to it." Thus, employers should remain cautious about their use of criminal background information and consult with legal counsel if they have any questions.
Many states have their own laws pertaining to criminal background information, and those laws may be more restrictive than federal law. Needless to say, criminal background information should never be used to screen out individuals based on race, national origin, or any other protected category.
Of Counsel & Chief Legal EditorRobin also conducts internal investigations and delivers training for HR professionals, managers, and employees on topics such as harassment prevention, disability accommodation, and leave management.
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This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
