1) Minorities commit a disproportionately high percentage of crimes
2) Minorities thus have a disproportionately high rate of criminal records
3) If as an employer you reject a job applicant because he/she has a criminal record, that policy probably disproportionately affects minorities
4) The Equal Employment Opportunity Commission will sue the employer because they are racist
The fact that some states *require* criminal background checks is irrelevant to the Feds. One case cited is a twice-convicted thief turned down for a job as a security guard for nuclear power plants, who used the EEOC to sue the employer.