The Equal Employment Opportunity Commission (EEOC) believes that background check policies tend to have a discriminatory effect on minorities because they are disproportionately incarcerated and make up the larger percentage of the population with criminal records. A conciliation agreement recently was reached between the EEOC and a nationwide retailer that was accused of race discrimination. Brought by an African-American applicant whose offer of employment was rescinded due to his background check, the retailer in the case agreed to make significant changes to its background check policies.
