On April 25, 2012, the EEOC voted 4-1 to adopt new guidance regarding employer use of criminal background checks to screen applicants and current employees. This guidance will affect nearly every employer in the country.

Based on a recent SHRM survey, over 90% of employers use criminal background checks for some applicants or employees and more than 70% of employers screen all their applicants or employees. Considering the EEOC's commitment to increasing the percentage of systemic discrimination (or class action) cases it brings over the next five years, you may want to revisit your criminal background check policy in light of the new guidance and ensure that your managers, hiring officials, and supervisors are properly trained to implement your policy.