Criminal Record Restrictions and Discrimination Based on Race and National Origin

Directive 306 titled “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin” was signed on January 29, 2013 by Director Patricia Shiu and is effective immediately. This Directive provides information on a Training and Employment Guidance Letter (TEGL) issued by DOL’s Employment and Training Administration and Civil Rights Center and Enforcement Guidance issued by the Equal Employment Opportunity Commission last April on use of criminal history and conviction records.

One might wonder why the EEOC and the OFCCP are coming out with this guidance now. In fact, the Commission has well-established guidance, based on long-standing court decisions and po