Criminal background checks have become all the rage in Washington, D.C., as politicians scramble to try to ensure that anyone who ever even thought of owning a gun is subjected to a thorough electronic proctology exam.
However, one group that appears immune to background check fever are the ever helpful Obama officials at the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).
The EEOC and OFCCP have each determined that employers who use background checks as one of the determinants of whether to hire a prospective employee may be engaging in prohibited discrimination.
These federal agencies reason that the use of criminal background checks can lead to a disparate impact on minority job applicants. According to these government agencies, in order for an employer to avoid claims that using a criminal background check is discriminatory, they must show that excluding applicants based upon criminal history is job-related and consistent with business necessity.
And the EEOC for its part is threatening lawsuits against companies which employ background checks.