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The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964 (Title VII) which prohibits employment discrimination based on race, color, religion, sex (including pregnancy), or national origin.
Title VII applies to all employers that have 15 or more employees, including private sector employers, the federal government and federal contractors.
The EEOC also enforces other antidiscrimination laws that prohibit employment discrimination based on age (40 or older), disability and genetic information.
An employer's use of an individual's criminal history in making employment decisions may, in some instances, violate Title VII.
The following are examples of best practices for employers who are considering criminal record information when making employment decisions.
The mission of the Equal Employment Opportunity Commission is to eradicate employment discrimination by enforcing the federal civil rights employment laws through administrative and judicial actions, education and technical assistance.
The EEOC provides a range of informational materials and assistance to individuals and businesses with rights and responsibilities under the laws enforced by EEOC.
Most materials and assistance are provided to the public at no cost. Additional specialized training and technical assistance are provided on a fee basis under the EEOC Education, Technical Assistance, and Training Revolving Fund Act of 1992.
EEOC Policy Guidance and Statements on Arrest and Conviction Records
FTC Guidance on the Use of Arrest and Conviction Records Under the Fair Credit Reporting Act (FCRA)
The FCRA imposes a number of requirements on employers who wish to use criminal background checks to screen applicants and/or employees. Please visit the following websites for more information:
Regarding Federal Regulations, visit: www.gpo.gov/fdsys
For Suitability Determinations Criteria, search under 5 CFR 731.202
For Excepted Service Disqualifying Factors, search under 5 CFR 302.203
Regarding the Bond Amendment, visit: http://www.dss.mil/about dss/press room/2009/bond_amendment.pdf
Regarding Federal Background Investigations, visit: http://www.opm.gov/investigate/
Revised August 2013