The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of screening job applicants based on criminal records.1 The new filing reveals that the EEOC remains interested in trying to use litigation to discourage employers from directly or indirectly screening out the protected class members who tend to be arrested and convicted at disproportionately higher rates. Although the facts alleged by the EEOC are egregious, employers should take note of the lawsuit as indicating the need for caution when relying on criminal background checks in the hiring process.