Daily Labor Report Quotes Don Livingston on EEOC Guidance

Akin Gump labor and employment partner Don Livingston was quoted in Bloomberg BNA’s Daily Labor Report on Equal Employment Opportunity Commission guidance from testimony at a United States Commission on Civil Rights hearing held December 7.  The guidance concerns potential discrimination that results from employers’ use of arrest and conviction records in making employment decisions. 

Livingston, himself a former EEOC general counsel, in questioning the EEOC’s statement that “nothing has really changed” under this new guidance, said, ‘‘I would argue a great deal has changed.” EEOC for the first time is requiring employers to conduct an ‘‘individualized assessment’’ of an applicant with a criminal conviction, he said.  Livingston also noted that the EEOC’s rejection of the use of bright line standards by employers results in the use of “subjective, individualized assessments” employers in other contexts have been “trying to eliminate for years.”

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