Author: Jody Feder
Can an employer consider a job applicant?s arrest or conviction record? Not if it constitutes unlawful race discrimination, according to new guidance issued by the Equal Employment Opportunity Commission
(EEOC). Although the guidance has generated some criticism accusing the EEOC of overstepping its bounds, a closer examination reveals that the agency did not break any new legal ground when it issued its policy statement. In order to understand why, it?s helpful to examine the background behind the agency?s decision making.