The Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing federal laws relating to discrimination in employment, has concluded that certain minority groups have higher rates of arrest and incarceration than non-members of those groups. The EEOC specifically found that the use of criminal records has an adverse impact on African-American and Latino males and the use of those records may have a discriminatory impact on employment for those groups. The commission has opined that in order to appropriately use criminal records as a screening tool, employers must be able to establish that the exclusionary item is “job related and consistent with business necessity.” Employers may be left wondering what exactly “job related and consistent with business necessity” means.