Targeted Screens and Individualized Assessments represent one of the methods employers can use to rebut evidence that may arise out of the use of arrest and conviction records—and the most likely method employers will use.

The EEOC has a long-standing interest under Title VII in preventing both disparate treatment and disparate impact discrimination. Here’s why you need to turn your system for handling criminal records inside-out.

On April 25, 2012, the EEOC issued an updated Enforcement Guidance (EG) titled “Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII.” The new EG focuses on preventing employment discrimination based on race and national origin.

In a recently decided case, AKM LLC, d.b.a Volks Constructors v. Secretary of Labor, the United States Court of Appeals for the District of Columbia Circuit sided with the employer on the issue of whether OSHA’s record keeping requirement and five year regulatory retention period allows OSHA to disregard the Act’s six month statute of limitations period.

The Eighth Circuit reversed a decision by a federal judge in the Northern District of Iowa to award attorney fees and costs to the defendant-employer in EEOC v. CRST Van Expedited, Inc. following a series of rulings which effectively dismissed sexual harassment claims brought by the EEOC on behalf of 270 women.