Both the EEOC and the OFCCP have published updated guidance on the use of arrest and conviction records in the hiring process. On January 29, 2013, the OFCCP issued a policy guidance entitled, “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.” This policy guidance followed and essentially adopted the guidance issued by the Equal Employment Opportunity Commission on April 25, 2012 on the same subject. Both guidance documents discussed how disparate treatment and disparate impact apply to the examination of racial and national origin discrimination in the context of arrest and conviction records. The EEOC guidance notes, “In 2010, Black men had an imprisonment rate that was nearly 7 times higher than White men and almost 3 times higher than Hispanic men.” (Paul Guerino et