Use of Criminal Records in Employment Decisions

By | January 29, 2013

On January 29, 2013, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 306, which took effect immediately.  The Directive deals with the exclusion of applicants or employees based on their criminal record.  Directive 306 can be found at:

The OFCCP states that the purpose of Directive 306 is to provide information to contractors regarding the exclusion of applicants based on the existence of criminal record, information about the Training and Employment Guidance Letter (TEGL) issued May 25, 2012, and information about the Enforcement Guidance issued April 25, 2012 by the Equal Employment Opportunity Commission (EEOC).  The Directive warns that federal contractors need to be mindful of the fact that policies excluding individuals based on the existence of a criminal record without regard to the time or nature of the offence and the nature of the position may lead to disparate impact and thus may violate antidiscrimination laws.  This is due to racial and ethnic disparities in incarceration rates.

The OFCCP refers to the EEOC Enforcement Guidance as a source of information for federal contractors, which can be found at:   The OFCCP also directs federal contractors to the TEGL issued by the Department of Labor’s Employment and Training Administration (ETA) which can be found at:

Please contact us by calling (732) 446-2529 or sending us an e-mail at if you are interested in discussing Directive 306.