Tuesday, June 10, 2008

EEOC informal discussion letters

If you're an HR professional in the U.S., chances are you've been to the EEOC's webpage many times. You may even subscribe to their feed. But do you know about their informal discussion letters?

These memos are written by EEOC legal staff, and while they are not "official opinions" of the Commission, they offer insight into several important issues. Consider some of the recent letter titles:

- Background checks of peace officers and the ADA (certain documents may be evaluated post-offer)

- Title VII and ADEA: Job Advertisements (you can "encourage" certain groups to apply, but "seeking" them is probably not a good idea; "journeyman" probably okay)

- ADA: Disability-Related Inquiries; Hiring (screening people out based on medical information must be shown to be job-related and consistent with business necessity)

- Title VII: Use of Conviction Records in Hiring (person convicted for auto-stripping could probably be rightfully denied a tow truck license or job)

- Americans with Disabilities Act: Periodic Testing (questionable whether periodic medical exams of all city bus drivers would be legal)

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