A comprehensive criminal background check is an important tool for many employers. It is important to be sure that the check is performed within the law, but it is equally important to be sure that the information received is properly used in the workplace. An employer could be open to claims of discrimination if they have a blanket policy against hiring any applicant that has had a criminal conviction. An employer is also at risk for discrimination claims unless they can prove a business necessity for a clean criminal record, or can prove that requiring a clean criminal record has no adverse impact on any group protected by anti-discrimination laws.

The EEOC (or U.S. Equal Employment Opportunity Commission) enforces most of the federal laws which prohibit job discrimination. It is the job of the EEOC to enforce laws prohibiting employment discrimination based on age, disability, race, color, religion, sex or national origin, as well as making sure that men and women receive equal pay for equal work. EEOC also oversees and coordinates the practices and policies regarding federal equal employment opportunities.