Big News for Federal Contractors!

Criminal Background Checks Now On The OFCCP's Radar. The OFCCP has joined ranks with the EEOC to target the use of pre-employment criminal background checks. At the end of last week, the OFCCP issued Directive 306, entitled "Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin." Here's the Directive: http://www.dol.gov/ofccp/regs/compliance/directives/dir306.htm.

Directive 306 states that "[p]olicies that exclude people from employment based on the mere existence of a criminal history record and that do not take into account the age and nature of an offense . . . are likely to violate federal antidiscrimination law," and warns contractors to "carefully consider their legal obligations before adopting such policies." Through the Directive, the OFCCP indicates that it will follow the Enforcement Guidance issued by the EEOC on April 25, 2012. In addition to adopting the EEOC's Guidelines with respect to the use of criminal background checks, the OFCCP also provided specific guidance to those who post jobs with the American Job Centers.

Source: NILG

This information is intended to be educational and should not be considered legal advice on any specific matter.