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EEOC and Blanket Prohibitions Against Hiring Individuals with Conviction Records

On June 28th, the EEOC announced a settlement agreement with J.B. Hunt Transport, Inc. – a transportation company – to resolve allegations that the company discriminated against an African-American candidate for a truck driver position, because J.B. Hunt’s hiring policy considers criminal convictions that are unrelated to the duties of the job. The EEOC stated that blanket prohibitions against hiring individuals with conviction records is not in accordance with the EEOC’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions (April 2012). Under the terms of the agreement, J.B. Hunt will review and/or revise its hiring policy as well as provide any additional training to company employees about the hiring and selection process. No civil penalties were announced as part of the agreement. Employers with policies that categorically deny job applicants from a position because of a criminal history – referred to as a blanket prohibition – need to be aware that the EEOC is charging such as a violation of Title VII of the Civil Rights Act of 1964.

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Posted Under: Criminal Records

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