Another juror, a graphics designer with a security clearance, well spoken, dressed in a conservative suit, volunteered that he's an ex-offender.

NPR: Libby Jury Selection Includes Some Surprises

If a background check discloses a criminal offense, the EEOC expects a company to do an intricate "individualized assessment" that will somehow prove that it has a "business necessity" not to hire the ex-offender (or that his offense disqualifies him for a specific job).

WSJ: James Bovard: Perform Criminal Background Checks at Your Peril

Former EEOC General Counsel Donald Livingston, in testimony in December to the U.S. Commission on Civil Rights, warned that employers could be considered guilty of "race discrimination if they choose law abiding applicants over applicants with criminal convictions" unless they conduct a comprehensive analysis of the ex-offender's recent life history.

WSJ: James Bovard: Perform Criminal Background Checks at Your Peril