Most job applicants are used to being asked whether they’ve been convicted of a crime. But according to Dykema Gossett staff attorney, Carrie S. Bryant, employers should take a close look at their criminal conviction policies or else they could find themselves on the other end of an action by the U.S. Equal Employment Opportunity Commission.

As Bryant explains on the firm’s labor & employment law blog, the EEOC is scrutinizing these policies to ensure that they do not discriminate against racial and ethnic groups. In June 2013, the EEOC filed suit against two employers alleging Title VII violations in connection with criminal background check policies that resulted in employees being terminated or applicants being screened out. It also settled a race discrimination charge involving criminal conviction records.

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