RumbergerKirk’s Derek Dzwonkowski Examines EEOC’s Rescission of Criminal History Guidance and Implications for Employers
RumbergerKirk’s Derek Dzwonkowski Examines EEOC’s Rescission of Criminal History Guidance and Implications for Employers
New Client Alert examines continuing discrimination risks, background-screening requirements and practical considerations for private and public-sector employers.
TALLAHASSEE, Fla. — RumbergerKirk attorney Derek M. Dzwonkowski examines the implications of the U.S. Equal Employment Opportunity Commission’s (EEOC) decision to rescind its 2012 criminal history guidance in a new Client Alert, “EEOC Rescinds 2012 Criminal History Guidance: What Changes for Employers and What Legal Risks Remain.”
The EEOC’s decision removes a longstanding agency framework addressing how employers consider arrest and conviction records when making employment decisions under Title VII of the Civil Rights Act. While the change signals a shift in federal enforcement policy, employers remain subject to federal anti-discrimination laws and applicable background-screening requirements.
In the Client Alert, Dzwonkowski explains that the rescission does not eliminate Title VII protections or automatically permit employers to adopt broad criminal-history exclusions. Employers must continue evaluating potential discrimination risks, job-related considerations and applicable federal, state and local laws when reviewing or modifying hiring policies.
The article also examines the Fair Credit Reporting Act’s continuing requirements for covered background checks and the additional responsibilities of public-sector employers, particularly school districts.
In Florida, school districts must comply with statutory personnel-screening, fingerprinting and employment-eligibility requirements designed to protect students. Dzwonkowski emphasizes the importance of distinguishing legally mandated disqualifications from discretionary employment decisions when evaluating applicants and employees.
The Client Alert provides practical guidance for employers, including reviewing existing screening procedures, applying hiring standards consistently, documenting employment decisions and coordinating proposed policy changes with legal counsel.
Dzwonkowski is an attorney in RumbergerKirk’s Tallahassee office whose practice focuses on labor and employment law, education law and casualty litigation. He advises public and private employers on human resources matters, policy development and workplace compliance, and represents clients in employment-related litigation and labor disputes.
READ THE FULL CLIENT ALERT: LINK
About RumbergerKirk
RumbergerKirk is a litigation-focused law firm with offices in Orlando, Tampa, Miami, Tallahassee and Birmingham, Alabama. The firm represents clients across a broad range of industries, providing strategic legal counsel in litigation, dispute resolution, education law, labor and employment matters, and other complex legal challenges. For more information, visit www.rumberger.com.
