In certain circumstances, however, there may be reasons for an employer not to rely on the conviction record alone when making an employment decision. In contrast, a conviction record will usually serve as sufficient evidence that a person engaged in particular conduct. However, an employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unfit for the position in question. The fact of an arrest does not establish that criminal conduct has occurred, and an exclusion based on an arrest, in itself, is not job related and consistent with business necessity. The Guidance discusses the differences between arrest and conviction records. The Introduction provides information about criminal records, employer practices, and Title VII. The Guidance focuses on employment discrimination based on race and national origin. Equal Employment Opportunity Commission (Commission or EEOC) issued over twenty years ago. The Guidance builds on longstanding court decisions and existing guidance documents that the U.S.
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