In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer’s discretion to consider criminal records relative to employment decisions. Even before April 2012, and since that time, the EEOC has filed lawsuits against a handful of employers challenging employer screening policies that the EEOC maintains disproportionately affect protected class members (known as “disparate impact” discrimination claims).
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