Pathway 2

The Law and Collateral Consequences:
Complying with EEOC Regulations

The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit workplace discrimination, including how employers use arrest and conviction records in hiring decisions. This is especially important because people of color, particularly Black and Latino individuals are disproportionately affected by the criminal justice system.

• • Most states have civil rights agencies that enforce anti-discrimination laws for smaller employers, though specifics vary by state.
    
• • In Connecticut, the Commission on Human Rights & Opportunities (CHRO) enforces state-level civil rights laws for businesses with three or more employees.
    
• • Individuals who believe they’ve faced discrimination under Ban the Box or Clean Slate laws can file a complaint with the CHRO.
    
• • The CHRO investigates complaints and may order damages or corrective actions if violations are found.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin.

Because Black and Latino individuals are disproportionately arrested and convicted, blanket policies rejecting all applicants with criminal records can have a disparate impact on these groups potentially violating Title VII’s protections against racial discrimination.

The EEOC’s Guidance recommends that:

• • Criminal history screening policies that exclude applicants based on a criminal record must be “job related and consistent with business necessity,” meaning the exclusionary policymust “be shown to be necessary to safe and efficient job performance.”
    
• • Applicants with a criminal record must be individually assessed as to their qualification for the position in question.

Complying with Fair Credit Reporting Act (FCRA)