The EEOC has sued a nationwide convention company alleging a pattern or practice of unlawful discrimination because the company has rejected job applicants based on their credit history, or if they have had one or more of various types of criminal charges or convictions. The EEOC alleges that this practice has had an unlawful discriminatory impact because of race, national origin, and sex, and is neither job-related nor justified by business necessity.

This case serves as a good reminder that employers should not have blanket policies regarding background checks for applicants. Credit problems and criminal convictions should not be automatic exclusions; rather, they should be evaluated based on the job, the amount of time since the problem, and other factors.

background checks, credit checks, criminal history