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

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

Event
May 7, 2026 - May 9, 2026
Anshuman Vaidya Presents on IRS Criminal Tax Enforcement Priorities at the ABA Tax Meeting

Webinar
Apr 29, 2026
When a Cyber Breach Hits: Cybersecurity, Privacy, and Compliance

In The News
Apr 24, 2026
Michael Dowell Reviews New PBM Reform Reshaping Pharmacy Reimbursement

Lawyers for the Profession® Alert
Apr 21, 2026
When Does a Client’s Duty to Investigate Begin? Lessons from a Time-Barred Malpractice Case

Press Release
Apr 20, 2026
Tom Kuzmanovic Selected for BizTimes Milwaukee 2026 Notable Leaders in Law

Press Release
Apr 17, 2026
André Sesler Elected to the Board of Trustees of the University of Florida Law Center Association

Hinshaw Alert
Apr 17, 2026
Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026




