New EEOC Guide on Arrest and Conviction Records

06/14/2012

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Recently, the EEOC issued an updated enforcement guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII.


While Title VII does not prohibit an employer from requiring applicants or employees to provide information about arrests, convictions or incarceration, such information has been tied to unlawful discrimination in employment based on race, color, national origin, religion, or sex.

Therefore, the Enforcement Guide incorporates federal decisions regarding the application of Title VII to employers’ consideration of a job applicant or employee’s criminal history, updates data, consolidates previous EEOC policy statements into a single document, and illustrates how Title VII applies to various scenarios that an employer might encounter when considering the arrest or conviction history of a current or prospective employee.  Among other topics, the guidance discusses:
  • How an employer’s use of an individual’s criminal history in making employment decisions could violate Title VII;
  • Federal court decisions analyzing Title VII as applied to criminal record exclusions;
  • The differences between the treatment of arrest records and conviction records;
  • The applicability of disparate treatment and disparate impact analysis under Title VII;
  • Compliance with other federal laws and/or regulations that restrict and/or prohibit the employment of individuals with certain criminal records; and
  • Best practices for employers.
The new guide can be found here.
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Filing a Charge of Discrimination with the EEOC, Part V

02/03/2012

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Note: This focuses on Illinois employees working or applying for employment with private employers in Illinois.  Federal employees or applicants should see EEOC regulations applicable to federal employee complaints.

The final part of this series addresses how the EEOC interacts with other agencies as.  To learn which agency is best for you, what laws you have claims under, and how to best proceed with your claims, you should talk to an employment lawyer.

Other Agencies

Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws.  Illinois has the Illinois Human Rights Act and the Illinois Department of Human Rights (IDHR) as well as local laws and agencies (such as the Cook County Commission on Human Rights and the Chicago Commission on Human Relations).

Through the use of "work sharing agreements," EEOC and IDHR avoid duplication of effort while protecting a charging party's under both federal and state law. If a charge is filed with the IDHR and is also covered by federal law, the IDHR "dual files" the charge with EEOC to protect federal rights. The charge usually will be retained by the lIDHR for handling. If a charge is filed with EEOC and also is covered by state law, EEOC "dual files" the charge with the IDHR, but ordinarily the EEOC retains the charge for handling.

There are many differences in the laws that apply to discrimination claims and differences in how investigations are handled at each of the agencies.  To determine which agency is best for you, you should talk to an employment lawyer before you file your charge.
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Filing a Charge of Discrimination with the EEOC, Part IV

01/30/2012

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Note: This focuses on Illinois employees working or applying for employment with private employers in Illinois.  Federal employees or applicants should see EEOC regulations applicable to federal employee complaints.

What are the Time Limits for Filing a Charge of Discrimination?

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed: a charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights. However, this 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law.  Illinois has such anti-discrimination laws, therefore, for an employee working in Illinois, that employee has 300 days to file a charge.  Because it can take time to set up an appointment to file a charge, it is not usually a good idea to wait to the last minute to try to file a charge.
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Filing a Charge of Discrimination with the EEOC, Part III

01/26/2012

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Note: This focuses on Illinois employees working or applying for employment with private employers in Illinois.  Federal employees or applicants should see EEOC regulations applicable to federal employee complaints.

What Information Must be Provided in the Charge of Discrimination?

There are several facts an employee must provide when filing a charge of discrimination with the EEOC.  In particular, the employee (or complaining party) must provide his or her name, address, and telephone number.  The employee must also provide the name, address, and telephone number of the employer that is alleged to have discriminated against the employee, and number of employees the employer has, if known.  Finally, the employee must provide a short description of the event that caused the employee to believe that his or her rights were violated; and the date(s) of the alleged violation(s).

While the employee provides the information, the EEOC has intake coordinators who can gather the information from the employee during the interview (see Part II about setting up an appointment) and the coordinator can draft the charge for the employee.  Again, be sure that the information the intake coordinator writes in the charge is accurate.
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Filing a Charge of Discrimination with the EEOC, Part II

01/23/2012

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Note: This focuses on Illinois employees working or applying for employment with private employers in Illinois.  Federal employees or applicants should see EEOC regulations applicable to federal employee complaints.

How is a Charge of Discrimination Filed?

Usually you call and set up an appointment to file the charge in person.  The number for the EEOC is (800) 669-4000.  For those of us in the Chicagoland area, our local district office is at 500 W. Madison St., Suite 2000, Chicago, IL 60661.  See the EEOC's website for more information about the district office here: http://www.eeoc.gov/field/chicago/

When you set up your appointment, you may be asked to fill out an intake questionnaire and bring it with you to your appointment.   That form can be found here: http://www.eeoc.gov/form/upload/Uniform-Intake-Questionnaire.pdf.  That questionnaire may constitute a charge if it contains all the information required by EEOC regulations and constitutes a clear request for the agency to act.  

At the appointment, you will be asked various questions and the intake coordinator will create a charge for you.  Be sure to check the forms and make sure that all the information is correct.  Individuals who need an accommodation in order to file a charge (such as an interpreter) should inform the EEOC field office so appropriate arrangements can be made.
The next blog entry will address what sort of information the EEOC asks for when you file a charge.
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Filing a Charge of Discrimination with the EEOC, Part I

01/19/2012

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Note: This focuses on Illinois employees working or applying for employment with private employers in Illinois.  Federal employees or applicants should see EEOC regulations applicable to federal employee complaints.

Addressing how to file a charge will be split into several parts: who can file a charge, how is a charge filed, what information must be provided in a charge, what are the time limits, and a note about other agencies.

Who Can File a Charge of Discrimination?

Any individual who works for an employer with fifteen or more employees who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC. Also, an individual, organization, or agency may file a charge on behalf of another person in order to protect the victim's identity.

There are times that a company splits into pieces to avoid reaching 15 employees.  In situations like this, the EEOC will combine the companies and still recognize that there are 15 employees.  Furthermore, there are situates where an individual can file a charge against an employer with fewer than 15 employees at other agencies (such as the Illinois Department of Human Rights), depending on the type of claim the employee wants to bring.

If you are having a hard time determining whether there are enough employees, you may want to speak to an attorney about your claim, how to file it and where.
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