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

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026

