Recently, a House Subcommittee heard from the EEOC on individualized assessments and criminal background checks as a matter of policy. An attorney representing the U.S. Congress alleged that the EEOC’s guidance is faulty. Evidence of this was made clear when the EEOC Chair Berrien admitted that the agency does not follow its own policy on individualized assessments.
Does that mean that employers no longer have to follow EEOC guidance and can abandon individualized assessments? ...Continue Reading →