Seyfarth Shaw (02/06/13) Christine Hendrickson
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has indicated that it will follow U.S. Equal Employment Opportunity Commission guidance regarding pre-employment criminal background checks by issuing Directive 306, “Complying With Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.” The directive states that employers should avoid “policies that exclude people from employment based on the mere existence of a criminal history record and that do not take into account the age and nature of an offense,” given the likelihood that they violate federal antidiscrimination law. The OFCCP also implemented the Training and Employment Guidance Letter 31-11, which calls for safeguards to prevent discrimination and the promotion of employment opportunities for individuals with criminal records and those who have served jail time.
