An attempt to prohibit employers from conducting them is responded to by the National Center for Public Policy Research, a response we agree completely with.
“Washington, DC - Attorneys at the federal Equal Employment Opportunity Commission (EEOC) believe new technology that makes it easier for employers to check the criminal and credit histories of applicants is also makes it harder for blacks and Hispanics to find jobs. Members of the Project 21 black leadership network fault this position, noting that it unjustly interferes with the ability of employers to build a trusted and coherent workforce.
"Background and credit checks are legitimate hiring and recruitment tools," said Project 21 member Horace Cooper, a former visiting assistant professor of law at the George Mason University School of Law. "There is no federal law making a refusal to hire convicted felons a crime, and felon status is not a protected class under Title VII of the Civil Rights Act. Especially in the midst of a recession, suits like these -- which charge racial discrimination -- falsely serve to only make hiring decisions unnecessarily harder and lessen the impact of real allegations of racism."