Subjective Hiring Decisions and EEOC Guidance

Employers who struggle with anti-discrimination laws when making hiring choices need to know the rules. Although there is frequently a subjective factor that plays into hiring decisions, that subjective je ne sais quoi cannot violate Equal Employment Opportunity rules regarding protected groups of employees, or the employer could face discrimination charges. This is nothing new; these rules have been around for decades.

Recent guidance clarifies and updates policies concerning the use of previous arrest and conviction records when making hiring decisions. Labor and employment specialist Richard D. Alaniz has provided us with a detailed analysis [1] of how the new guidance works, and we've also included a list of best practices for following the EEOC guidelines.