On April 25, 2012, the EEOC released a 52-page Guidance document on Criminal Background Checks. In the Guidance, the EEOC describes the circumstances under which an employer’s use of arrest and conviction records can violate Title VII’s disparate treatment and disparate impact theories. It also provides hypothetical examples to underscore its legal analysis and contains a list of employer best practices. In consideration of the new Guidance, it is important to ask the following questions:
Payroll vendors must capture data historically not part of the payroll system. For those employers who issued 250 or more W-2’s, reporting is required. Employers therefore should familiarize themselves with the specifics of the new requirements. Click here to see a chart posted by the IRS on what you do and do not have to include in the reporting.