Why This Story Matters:
In January 2025, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Commissioner Andrea R. Lucas was appointed the Acting Chair of the EEOC, an agency that enforces federal laws prohibiting employment discrimination. Employers need to be aware of any changes in priorities for federal employment discrimination law enforcement.
EEOC Announces Appointment of New Acting Chair
On January 21, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) – which enforces federal laws prohibiting employment discrimination – announced that President Donald J. Trump had named Andrea R. Lucas as EEOC Acting Chair. Lucas had served as EEOC Commissioner since 2020 after being nominated by President Trump during his first term.
“I am honored to be chosen by President Trump to lead the EEOC, our nation’s premier civil rights agency enforcing federal employment antidiscrimination laws,” EEOC Acting Chair Lucas stated in a press release about her appointment issued by the EEOC. “I look forward to restoring evenhanded enforcement of employment civil rights laws for all Americans.”
The EEOC is a federal agency authorized to investigate and litigate against private companies and other private employers for violations of federal laws prohibiting employment discrimination. The EEOC also is responsible for coordinating the federal government’s employment anti-discrimination effort. More information about the EEOC is available at www.eeoc.gov.
EEOC States Priorities for Employment Discrimination Law Enforcement
EEOC Acting Chair Lucas – who has written and spoken frequently about challenging and emerging issues in employment and civil rights law during her tenure on the EEOC – stated in the press release that the EEOC in recent years “has remained silent in the face of multiple forms of widespread, overt discrimination.” According to her statements, EEOC priorities will include:
- Rooting out unlawful DEI (Diversity, Equity, and Inclusion) motivated race and sex discrimination;
- Protecting American workers from anti-American national origin discrimination;
- Defending the biological and binary reality of sex and related rights, including women’s rights to single‑sex spaces at work;
- Protecting workers from religious bias and harassment, including antisemitism; and
- Remedying other areas of recent under-enforcement.
In addition, EEOC Acting Chair Lucas also stated in the press release that she intends to reinforce “the fundamental belief enshrined in the Declaration of Independence and our civil rights laws—that all people are ‘created equal.’” She added that she is “committed to ensuring equal justice under the law and to focusing on equal opportunity, merit, and colorblind equality.”
EEOC Enforcement Guidance on Employment Screening by Employers
On April 25, 2012, the EEOC issued an updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act” which replaced previous guidance and addressed the application of Title VII of the Civil Rights Act of 1964 to the use of arrest or conviction records in employment decisions.
Title VII – which is enforced by the EEOC – prohibits employment discrimination based on race, color, religion, sex, and national origin. The EEOC Enforcement Guidance states that “an employer’s use of an individual’s criminal history in making employment decisions may, in some instances, violate the prohibition against employment discrimination under Title VII.”
Since having a criminal record is not listed as a protected basis in Title VII, “whether a covered employer’s reliance on a criminal record to deny employment violates Title VII depends on whether it is part of a claim of employment discrimination based on race, color, religion, sex, or national origin,” according to the EEOC Enforcement Guidance.
ClearStar Helps Employers Comply With Employment Screening Laws
ClearStar – a global employment screening company specializing in background checks, drug testing, and occupational health services – is the only screening firm providing a real-time Assured Compliance® solution to help employers manage local, state, and federal Fair Credit Reporting Act (FCRA) notice, disclosure, consent, and adverse action requirements.
- Real-Time Compliance: Disclosures, notices, and consents are presented to job candidates in a fully automated solution as required by local, state, and federal laws.
- Dynamic Disclosures: Job candidates are presented only with relevant disclosures based on where they live and will be working to minimize confusion.
- Adverse Action Management: ClearStar’s robust adverse action management module minimizes compliance challenges for employers and makes navigating complicated requirements easier even in jurisdictions requiring additional steps.
- Updated as Laws Change: Compliance with local, state, and federal laws is a constantly changing landscape that can be challenging. ClearStar publishes a monthly compliance update and adapts technology in response to regulatory and legislative changes.
- Strong and Clear Audit Trail: Since a transparent process is important, job candidates can access a copy of their specific notices, disclosures, and the consent they signed which also creates a reliable audit trail for employers.
- Global Solutions: ClearStar’s technology supports job candidates who have lived or worked outside of the United States.
Along with EEOC compliance and numerous certifications, ClearStar is accredited by the Professional Background Screening Association (PBSA®) – a non-profit trade organization representing the background screening industry – for successfully demonstrating continued compliance with the PBSA’s Background Screening Organization Accreditation Program (BSOAP).
ClearStar Offers “One Stop Shop” for Employment Screening Solutions
ClearStar is a “one stop shop” that offers employers a variety of employment screening solutions in a single convenient location to help empower them to make informed and compliant hiring decisions. These solutions – which seamlessly integrate with Applicant Tracking Systems (ATS), Human Resources Information Systems (HRIS), and other HR technologies – include:
- Background, Drug, Clinical, and Occupational Health Screening
- Criminal Record Searches at Federal, State, and County Levels
- Sex Offender Registry Searches
- Employment/Education Verifications
- Licenses and Credentialing
- Personal Reference Checks
- Motor Vehicle Record (MVR) Searches
- Social Media Screening
- Civil Record Searches
- Employment Credit Reports
- Employee Monitoring
- Contractor Screening
- Tenant Screening
- Global Searches in 230+ Countries
ClearStar has provided employment screening solutions for the Human Capital Management (HCM) industry from its corporate offices in Alpharetta, Georgia, since 1995, and is celebrating the company’s 30th anniversary in 2025. Thousands of employers all over the world trust ClearStar to manage the screening of their workforces. To learn more, contact ClearStar.
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Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), identity theft, privacy, social media screening, and workplace violence.
At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
