According to the new guidelines, an employer using an applicant’s criminal history as a basis for making an employment decision could be in violation of Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex and national origin.
In certain cases “there may be reasons for an employer not to rely on the conviction record alone when making an employment decision.”
National data shows “criminal record exclusions have a disparate impact based on race and national origin,” writes the EEOC in its new guide.
The American Hospital Association says it will review the new guidelines and determine how to provide support to AHA members.
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