American Civil Liberties Union

Last week, the federal Equal Employment Opportunity Commission issued updated guidance on employers' use of criminal records to screen potential employees. On the day the guidance was published, we applauded the EEOC for helping to balance the civil rights of workers with the legitimate concerns of employers. Now that the dust has settled, some groups have complained that the EEOC guidance creates new law that will prevent employers from ensuring safety in the workplace. Are those criticisms well-founded? In a word: no.