A new Enforcement Guidance, titled “Consideration of Arrest and Conviction Records in Employment Decisions under Title VII,” was issued by the Equal Employment Opportunity Commission (EEOC) on April 25, 2012. The Guidance provides that once the EEOC has established disparate impact (which it plans to do by issuing voluminous requests for applicant and hiring data from employers), an employer will have the burden of proving the affirmative defense that its policy or practice of relying upon arrest and/or conviction records in its hiring decisions is “job related and consistent with business necessity.” The EEOC recommends as a “best practice” that employers not ask about criminal convictions on job applications. For more information go to www.eeoc.gov/laws/guidance/arrest_conviction.cfm.