Download the PDF: Report on EEOC Criminal Background Check Policy

In April 2012, the Equal Employment Opportunity Commission (EEOC) adopted a new guidance regarding the use of criminal background checks in hiring. The EEOC argues that the practice of using of criminal background checks in hiring can violate Title VII because it has a disparate impact on black and Hispanic men, who are more likely to have criminal records. The new guidance arguably discouraged employers from using criminal background checks when making hiring decisions, and was accompanied by statements from EEOC officials warning against the use of criminal background checks in hiring. However, the EEOC claimed that the guidance did not represent a significant departure from the previous guidance. Therefore, in December 2012, the Commission held a briefing to receive testimony about the purpose of the guidance, the effect of the guidance on employers, and the effect of the guidance on the purported beneficiaries.