On April 25, 2012, the United States Equal Employment Opportunity Commission (EEOC) announced updated guidelines regarding the ability of employers to consider criminal background checks when making hiring decisions. Enforcement Guidance No. 915.0021 advises employers on how to use criminal background checks without violating existing laws when looking at job applicants. Some groups view the EEOC’s updated guidelines as merely codifying existing federal statutory and case law regarding employment discrimination. Others view the updated guidelines as controversial and are concerned about the impact these guidelines will have on their workplace environments. In this article, we examine Enforcement Guidance No. 915.002 and its implications for employers.

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