EEOC Issues Guidance on Employers’ use of Arrest and Conviction Records
1 min read
Apr 26, 2012
When can an employer conduct a criminal background check on an applicant or existing employee?
Employers screening the criminal backgrounds of applicants and employees must demonstrate their use of the acquired information is job-related to avoid potential discrimination claims. the U.S. Equal Employment Opportunity Commission ("EEOC") reminded employers in its most recent enforcement guidance.
Citing concerns that employers could use arrest and conviction information to illegally discriminate against job applicants, especially black and Hispanic applicants, the EEOC clarified that criminal record information obtained during background checks cannot be used to screen potential or current employees under Title VII of the Civil Rights Act of 1964 unless a conviction is related to the work to be performed or if an applicant is applying for a fiduciary-based position.
The EEOC did not impose an outright ban on the use of criminal checks but called for careful consideration of how and when such reviews can be used in pre-employment screenings and in the workplace, because of their potential to be biased against certain groups, such as racial minorities.
Employers must assess their hiring protocol and the use of criminal checks to ensure compliance with the new regulations.
Topics
Featured Insights

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida



