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February 8 2018

Title VII Concerning Employer Criminal Records Checks

Following the 2012 Equal Employment Opportunity Commission 's (EEOC) update, "Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964," the EEOC has continued to enforce activities relating to employment criminal records checks.

The EEOC suit against Dollar General signifies the resolve to continue to litigate broad background-check-related cases notwithstanding its very public failings in other such cases. The court left open the possibility that the EEOC may have further identified "the less discriminatory alternative" practices (LDAs) via its expert once Dollar General's expert explains why its policy regarding African-American applicants is job-related and consistent with business necessity.