When California’s Fair Pay Act took effect on Jan. 1, it represented one of the toughest equal pay laws in the nation. The law, which strengthened the state’s Equal Pay Act, represents the latest legislative change causing issues and concerns for employers throughout the United States.

Considering some alarming recent practices, employers need to understand current U.S. Equal Employment Opportunity Commission (EEOC) actions and trends and what areas may leave them particularly vulnerable to scrutiny.

This latest guidance from EEOC concerning background checks stems from Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. But there is absolutely no reference made to criminal history, so how can EEOC threaten action based on Title VII?