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Directive:

TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 31-11


Status: Active

Subject:
Update on Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Disparate Impact Based on Race and National Origin

Purpose:
The purpose of this Training and Employment Guidance Letter (TEGL) is to provide information about exclusions based on criminal records, and how they are relevant to the existing nondiscrimination obligations for the public workforce system and other entities (including the “covered entities” listed above) that receive federal financial assistance to operate Job Banks, to provide assistance to job seekers in locating and obtaining employment, and to assist employers by screening and referring qualified applicants. As explained in this TEGL, restrictions based on criminal history records may have a disparate impact on members of a particular race or national origin, in violation of federal antidiscrimination laws. This guidance is being issued by the Employment and Training Administration (ETA), in conjunction with the Civil Rights Center (CRC).

To:
ONE-STOP CAREER CENTERS
STATE WORKFORCE AGENCIES
STATE WORKFORCE ADMINISTRATORS
STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
STATE AND LOCAL EQUAL OPPORTUNITY OFFICERS
STATE LABOR COMMISSIONERS
WORKFORCE INVESTMENT ACT SECTION 166 INDIAN AND NATIVE AMERICAN GRANTEES
WORKFORCE INVESTMENT ACT SECTION 167 MIGRANT AND NATIONAL FARMWORKER JOBS PROGRAM GRANTEES
SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM GRANTEES
EMPLOYMENT AND TRAINING ADMINISTRATION REGIONAL ADMINISTRATORS
JOB CORPS CONTRACTORS
SUB-RECIPIENTS OF DEPARTMENT OF LABOR FINANCIAL ASSISTANCE
From:
JANE OATES
Assistant Secretary
Employment and Training Administration

NAOMI BARRY-PEREZ
Acting Director
Civil Rights Center
Date:
May 25, 2012
Expiration Date:
Continuing

Rescissions:    None

Contact:   Inquiries about civil rights issues should be addressed to CRC, by phone at 202-693-6500 (voice) or 202-693-6516 (TTY); by relay at 800-877-8339 (TTY/TDD), or (877) 709-5797 or myfedvrs.tv (video); or by e-mail at CivilRightsCenter@dol.gov.

Text:
To preserve the formatting of this document, it has been converted to PDF (Portable Document Format) to retain its original layout.

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Accessible Version (PDF)  

Attachments:
To preserve the formatting of this document, it has been converted to PDF (Portable Document Format) to retain its original layout. Click on links below to view, save, or print Attachment(s).

1. Notice #1 for Employers Regarding Job Bank Nondiscrimination and Criminal Record Exclusions
2. Notice #2 for Employers Regarding Job Posting Containing Criminal Record Exclusions
3. Notice #3 for Job Seekers to be Attached to Job Postings with Criminal Record Exclusions
4. Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended
5. EEOC Reentry Myth Buster
6. Federal Trade Commission Reentry Myth Buster



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