J. The Application of Title Vii To Criminal Record Exclusions

• Jurisdiction: New York

J. The Application of Title VII to Criminal Record Exclusions

The application of a policy or practice concerning criminal record exclusions can form the basis for a claim under Title VII, although the statute is silent on the subject. In 2012, the EEOC issued an enforcement guidance memorandum concerning the application of Title VII to employer's policy and practices with respect to arrest and conviction records.¹⁹¹ The memorandum described potential claims of disparate treatment under Title VII when an employer applies a policy concerning arrest and conviction record differently depending on an individual's race or national origin. Perhaps more...