By: Kendra Paul and Alnisa Bell

Gone are the days when employers could simplify the hiring process with blanket policies requiring criminal background checks of all applicants and excluding an individual from employment based solely on a prior conviction.  Two new trends are requiring employers to rethink their blanket criminal background check policies in favor of individualized approaches: (1) the Equal Employment Opportunity Commission’s (“EEOC”) April 25, 2012 Enforcement Guidance; and (2) new private-sector employer ban-the-box laws that are popping up in state and local governments across the country.  Many employers now fear that these two new trends will result in criminals becoming a protected class.
Continue Reading Are Felons The New Protected Class?: The Criminal Background Check Minefield – Part One