On April 25, the Equal Employment Opportunity Commission issued a revised enforcement guidance on using criminal records in employment decisions. This groundbreaking guidance marks the first time the EEOC — the federal agency charged with interpreting and enforcing federal employment discrimination law — has said certain uses of criminal history is discrimination. Without question, this is a laudable development.
The proliferation of background checks on job applicants, coupled with the widespread public availability of arrest and conviction information, has contributed to persistent barriers to employment (and increased likelihood of recidivism) for people with criminal histories.