The Obama Administration's favorite antidiscrimination tool is "disparate impact," which relies on statistics to allege racial prejudice, regardless of intent. The Justice Department is using it to lean on banks to lend to more minorities, and now we hear the Equal Employment Opportunity Commission wants to use it to wield more power over business hiring.
Several sources tell us the Commission is working on policy guidance that would significantly limit companies' use of credit and criminal histories in hiring under Title VII of the 1964 Civil Rights Act. A Commission spokeswoman declined to comment by email, "citing Agency practice barring public discussion of any policy that may or may not be in development."
Employment of people with criminal histories is an important issue in rehabilitation, and we don't want to choke off opportunity entirely. After all, if the person really does want to go straight, employment is a big part of that effort. Even so, for some jobs we do not anyone with certain kinds of histories. We don't want embezzlers in accounting. We don't want child molesters in day care.