The EEOC – Disparate Impact and the Use of Criminal Arrest and Convictions Records - Podcast
Civil Rights Practice Group Podcast
May 16, 2012Maurice Emsellem, Dominique Ludvigson, Dean A. Reuter
To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.
The EEOC – Disparate Impactand the Use
of Criminal Arrest and Convictions Records - MP3
Running Time: 01:13:59
No federal law directly addresses employment discrimination against people with criminal backgrounds. Yet, since 1987, the Equal Employment Opportunity Commission (EEOC) has maintained that, with some exceptions, an employer's policy or practice of excluding individuals from employment on the basis of criminal arrest and conviction records is unlawful under Title VII as disparate impact discrimination. The EEOC maintains that because statistics show that African-American and Hispanic males are arrested and convicted at rates disproportionate to their numbers in the population, background checks work to their special disadvantage to limit their employment. This year the EEOC issued its first guidance in over 20 years, making use of background checks more onerous. It was approved shortly after the EEOC announced a record $3.13M settlement with Pepsi Beverages over the racially disparate impact of its criminal background checks policy. On this previously recorded conference call, our experts discuss the EEOC's new guidance and its recent enforcement actions.
- Mr. Maurice Emsellem, Policy Co-Director, National Employment Law Project
- Ms. Dominique Ludvigson, Counsel & Special Assistant, U.S. Commission on Civil Rights
- Moderator: Mr. Dean Reuter, Vice President & Director of Practice Groups, The Federalist Society