Since last summer, it has been reported that the Equal Opportunity Employment Commission (EEOC) is planning to revise its well established guidelines for employers on the use of criminal background checks (CBC’s) in employment screening. The Democrat controlled commission is concerned that the use criminal background checks are a form of employment discrimination because a disproportionate number of African Americans and Hispanics have criminal records. Such revisions could severely limit the use of CBC’s by employers (in contravention to existing workplace safety requirements and other laws) and subject employers to greatly increased liability in the hiring process and for any possible incidents. Furthermore, the EEOC can release the guidance without a formal notice and comment period (as the formulation and release of such guidance is not governed by the Administrative Procedure Act).
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