Category Archives: Resources

EEOC Issues Enforcement Guidance on Arrest and Conviction Records

A new Enforcement Guidance, titled “Consideration of Arrest and Conviction Records in Employment Decisions under Title VII,” was issued by the Equal Employment Opportunity Commission (EEOC) on April 25, 2012. The Guidance provides that once the EEOC has established disparate impact (which it plans to do by issuing voluminous requests for applicant and hiring data from employers), an employer will have the burden of proving the affirmative defense that its policy or practice of relying upon arrest and/or conviction records in its hiring decisions is “job related and consistent with business necessity.” The EEOC recommends as a “best practice” that employers not ask about criminal convictions on job applications. For more information go to www.eeoc.gov/laws/guidance/arrest_conviction.cfm.

DOL Publishes FMLA “Plan Language Booklet”

The Wage and Hour Division of the U.S. Department of Labor published a “plain language booklet” titled, “Need Time? The Employee’s Guide to The Family Medical Leave Act,” on June 20, 2012. In the booklet, the DOL answers common questions, clarifies employee eligibility, and clarifies FMLA protections. Download a copy of the 16-page booklet at http://dol.gov/whd/fmla/employeeguide.htm.