It's not just criminal history anymore. Employers can look at your driving record, credit score, face book page, or any other factor they want. So if more whites own cars and therefore get speeding tickets then is looking at their driving record racial discrimination? Better yet, should I go after Scotts Lawn because they won't hire smokers and smoking is largely seen as a lower class addiction, so they are discriminating against minorities? I always remember the episode of the Simpsons with the pastors wife screaming "Won't someone think of the children" when discussing drinking laws.http://www.youtube.com/watch?v=Qh2sWSVRrmo&feature=mfu_in_order&list=UL