The Washington Legal Foundation recently issued a paper critical of the EEOC’s criminal history guidance.  According to the paper, the EEOC’s enforcement position unduly stretches the limits of its authority, presumes that it can establish that using criminal conviction records screening has a disparate impact, and imposes unwarranted burdens on employers, while creating unnecessary conflicts with state laws and risks to the public.”

The paper was authored by Frank C. Morris, Jr., a Shareholder and Director of the Labor & Employment Practice in the Washington, D.C. office of Epstein Becker & Green, P.C.; and Brian Steinbach is a Senior Attorney in the Labor and Employment Practice in Washington.