Case 36: Are Criminal Background Checks Discriminatory?
1. Do you agree with the EEOC or the WSJ?
With its criminal background check policy, the EEOC is trying to make the type of conviction
2. Are blanket exclusions of people with criminal backgrounds discriminatory or should
businesses be given the discretion to make the employment decision when a potential or current
employee is found to have a criminal background?
3.
business necessity?
One example would be that any job involving the handling of cash might be affected by a
4. What factors would affect your decision? Would it vary by the nature of the conviction? If so,
how would it vary? Would it vary by the nature of your business and industry? If so, how would
it vary?