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EEOC and FTC Co-Publish Documents Addressing Use of Employment Background Checks

Volume 13, Issue 5
April 29, 2014

The Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) have co-published two "technical assistance documents" that explain how the laws the two agencies enforce apply to employment background checks.  One document is for employers; the other is for job applicants and employees.

Just a little more than two years ago, the EEOC issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, which advances a number of policy positions that have not, to date, fared well in the courts.  See, Hans A. von Spakovsky, EEOC Loses Again on Background Checks (The Heritage Foundation, Apr. 21, 2014).

This is the first time the EEOC and FTC have jointly created documents addressing concerns in this key area of employment law.  Both documents, Background Checks: What Employers Need to Know and Background Checks: What Job Applicants and Employees Should Know, are available on the EEOC's website.

Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.