On April 25, 2012, the EEOC released new guidelines regarding employers’ use of criminal conviction information in the employment process. In the wake of the release of these guidelines, the business community, as well as other interested parties, has indicated that the guidelines go way too far in their restriction of employers' use of criminal background information.
Apparently the U.S. House of Representatives agrees with this position. On May 10, the House passed an appropriations bill (H.R. 5326) that would prohibit the use of EEOC funds for implementing, administering, or enforcing the guidelines, essentially rendering them useless.
The companion bill in the Senate (S. 2323) does not currently contain this restriction. This initiative has been approved by the Senate Appropriations Committee and is now pending before the Senate. After S. 2323 is passed, it will be moved to conference committee where the differences between the two companion bills will be reconciled.
We will continue to monitor these initiatives and report on any further developments.