Section 47 Arrests

• Library: Employer-Employee Law 2008

The EEOC Policy Guidance on the Consideration of Arrest Records in Employment Decisions, No. 915.061, issued Sept. 7, 1990, available at www.eeoc.gov/policy/docs/arrest_records.html, provides:

[S]ince the use of arrest records as an absolute bar to employment has a disparate impact on some protected groups, such records alone cannot be used to routinely exclude persons from employment. However, conduct which indicates unsuitability for a particular position is a basis for exclusion. Where it appears that the applicant or employee engaged in the conduct for which he was arrested and that the conduct is...