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    EEOC ISSUES ENFORCEMENT GUIDANCE Commission Updates Guidance on Employer Use of Arrest and Conviction Records


    WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today issued an updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended (Title VII). The Commission today voted 4-1 to approve the guidance document. The Commission also issued a Question-and-Answer (Q&A) document about the guidance. The Enforcement Guidance and Q&A document will be available on the EEOC’s website at http://www.eeoc.gov

    crime - ball and chain
    “When the Commission met publicly to discuss this subject in July, 2011, I said that I hoped the meeting would help to inform the Commission’s consideration of revisions to existing EEOC guidance. We had excellent testimony from two public meetings and hundreds of written comments submitted by a diverse group of commenters to inform our deliberations concerning the new guidance,” said EEOC Chair Jacqueline A. Berrien. Chair Berrien added, “The new guidance clarifies and updates the EEOC’s longstanding policy concerning the use of arrest and conviction records in employment, which will assist job seekers, employees, employers, and many other agency stakeholders.”

    While Title VII does not prohibit an employer from requiring applicants or employees to provide information about arrests, convictions or incarceration, it is unlawful to discriminate in employment based on race, color, national origin, religion, or sex. The guidance builds on longstanding guidance documents that the EEOC issued over twenty years ago. The Commission originally issued three separate policy documents in February and July 1987 under Chair Clarence Thomas and in September 1990 under Chair Evan Kemp explaining when the use of arrest and conviction records in employment decisions may violate Title VII.

    The Commission also held public meetings on the subject in 2008 and 2011. The Enforcement Guidance issued today is predicated on, and supported by, federal court precedent concerning the application of Title VII to employers’ consideration of a job applicant or employee’s criminal history and incorporates judicial decisions issued since passage of the Civil Rights Act of 1991. The guidance also updates relevant data, consolidates previous EEOC policy statements on this issue 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:

  1. How an employer’s use of an individual’s criminal history in making employment decisions could violate the prohibition against employment discrimination under Title VII;

  2. Federal court decisions analyzing Title VII as applied to criminal record exclusions;

  3. The differences between the treatment of arrest records and conviction records;

  4. The applicability of disparate treatment and disparate impact analysis under Title VII;

  5. 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 materials for the public meetings held on the use of arrest and conviction records, including testimony and transcripts, are available at http://eeoc.gov/eeoc/meetings/index.cfm



    The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at http://www.eeoc.gov


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BLACK CELEBRITY MUGSHOTS
     
 
Chad Ochocinco
Sentenced to 30 days in jail for a probation violation in a domestic violence case by a judge who angrily rejected a no-jail plea deal after Johnson playfully slapped his attorney on the backside in court.
 
Katt Williams
Williams was arrested in Coweta County, Georgia, on burglary, trespassing charges in 2009.
 
Gary Dourdan
"CSI" Star Gary Dourdan was busted in April 2008 for drug possession after the police found him sleeping by in his car by the side of the road in Palm Springs.
 
The Game
(Real name: Jayceon Taylor) was snapped in March 2008 after the rapper entered a Los Angeles County lockup to serve a 60-day jail term for possession of a firearm in a school zone.
 
Ne-Yo
Singer and songwriter Ne-Yo was arrested for reckless driving in Cobb County, Georgia. Police clocked him driving "well over 100 mph" in his 2006 Range Rover, according to TMZ.com.
 
Orlando Brown
Disney actor Orlando Brown of 'That's So Raven' fame arrested on drug charges in the Houston area.
 
Chris Tucker
Funny man Chris Tucker was arrested in April 2005 and charged with reckless driving.
 
Mike Tyson
Ex-heavyweight champion Mike Tyson arrested by Arizona cops in December 2004, and being charged with misdemeanor criminal damage.
 
Kobe Bryant
Basketball standout, Kobe Bryant arrested by Colorado cops on July 4, 2003 for allegedly sexually assaulting a 19-year-old hotel employee.
 
Joe Frazier
Former heavyweight champion 'Smokin' Joe Frazier, was arrested in February 2004 and charged with simple assault and reckless endangerment.
 
Lou Rawls
Smooth like silk singer Lou Rawls was arrested in January 2003 for assault.
 
Michael Irvin
Former NFL superstar Michael Irvin was arrested by Texas cops in November 2005 and charged with misdemeanor possession of drug paraphernalia.
 
Deion Sanders
NFL star Deion Sanders was arrested in June 1996 by Florida cops and charged with misdemeanor trespassing for fishing on private property.
 
Jesse Jackson
Civil Rights Icon Jesse Jackson mug shot.
 
Ricky Williams
NFL running back Ricky Williams was arrested by Texas cops in February 2000 for refusing an officer's request to sign a traffic ticket.
 
Kirby Puckett
Former Baseball great Kirby Puckett was charged by Minnesota cops in October 2002 after being accused of sexual assault and false imprisonment.
 
Lawrence Taylor
NFL Hall of Famer Lawrence Taylor was arrested in South Carolina, May 1996 and charged with attempted possession of crack cocaine.
 
Ray Lewis
Fierce Baltimore Ravens linebacker Ray Lewis was charged in February 2000 for murder following the stabbing death of two men at a local nightclub.
 
Dennis Rodman
Dennis Rodman was arrested by Miami Beach police in November 1999 and charged with domestic abuse for assaulting his wife, actress Carmen Electra.
 
Kimora Lee Simmons
Kimora Lee Simmons, was arrested in July 2004 and charged with possessing marijuana and vehicular infractions.
 
Allen Iverson
NBA superstar Allen Iverson arrested in Philadelphia, July 2002 to face gun and assault charges.
 
O.J. Simpson
O.J. Simpson posed for this mug shot June 17 1994.
 
Scottie Pippen
Houston police arrested basketball great Scottie Pippen in April 1999 for drunk driving. Charges later dropped.
 
Charles Barkley
Former NBA star Charles Barkley was arrested by Milwaukee police in December 1991 for assaulting a man. Later acquitted.
 
Jason Kidd
NBA superstar Jason Kidd was arrested by police, January 2001 in Arizona and charged with domestic abuse.
 
Derrick Coleman
Former NBA player, Derrick Coleman was arrested by Michigan police in July 2002 for drunk driving.
 
Steve McNair
NFL Tennessee Titans star Steve McNair was arrested in May 2003 for drunk driving.
 
Darryl Strawberry
Former baseball All-Star Darryl Strawberry was arrested by Tampa police in April 1999 and charged with soliciting a prostitute and possession of cocaine.
 
Dwight Gooden
Former baseball superstar, Dwight Gooden was arrested by Florida cops in August 2005 and charged with fleeing from police during a DUI stop.
 
Randy Moss
NFL receiver Randy Moss was arrested by Minneapolis police in September 2002 for careless driving and failure to obey a police officer.
 
Don King
Cleveland Police Dept. mug shots from Don King's earlier career as a young gangster.
 
Booker T.
WWE wrestler Booker T. was arrested in 1987 for armed robbery.
 
Tupac Shakur
Tupac Shakur mug shot was taken by the New York State Department of Correctional Services in March 1995.
 
James Brown
The hardest workin man in show business, James Brown was arrested in January 2004 and charged with domestic violence.
 
50 Cent
Rapper 50 Cent mug shot was taken in August 1994 while serving time in a New York State prison.
 
George Clinton
Funk master George Clinton was arrested in December 2003 by Florida cops and charged with possession of cocaine and drug paraphernalia.
 
Lil' Kim
Lil' Kim was arrested in July 1996 and charged with possession of marijuana.
 
Marion "Suge" Knight
Marion "Suge" Knight pictured in a California Dept of Corrections mugshot taken in 1997.
 
Ol' Dirty Bastard
Ol' Dirty Bastard photographed by the New York State Dept of Correctional Services in December 2001.
 
Rakim
Rakim mug shot taken by Suffolk County, New York sheriff's in August 1996.
 
R. Kelly
R&B singer Robert Kelly was arrested in June 2002 on child pornography charges.
 
Bobby Brown
R&B singer Bobby Brown was arrested for possession of marijuana, speeding, and driving without a license or proof of insurance.
 
DMX
Rapper DMX posed for this mug shot in March 2001 for driving around the Buffalo N.Y. area without a license.
 
D'Angelo
R&B singer D'Angelo was arrested in November 2002, and charged with assault, and disorderly conduct.
 
Nate Dogg
Rapper Nate Dogg was arrested in April 2002 and charged with gun possession and marijuana charges.
 
Irv Gotti
Murder, Inc. boss Irv Gotti was arrested in August 2003 and charged with misdemeanor possession of a controlled substance.
 
P. Diddy
P. Diddy who once made the comment, "I feel safe in white because, deep down inside, I'm an angel." poses for this mug shot.
 
Snoop Dogg
Rapper Snoop Dogg was tried and acquitted for murder. In 1993.
 
Michael Jackson
Michael Jackson mug shot taken while being booked by Santa Barbara County Sheriff's deputies on child molestation charges.
 














 
           
 




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