The EEOC filed suit against a company claiming that its criminal conviction policy was not job related and consistent with business necessity and disproportionately screened out African Americans from employment. The employer had previously reviewed only convictions from the prior seven years. The company changed their policy, and the workers were told that they would need to re-apply for employment with the new contractor, and BMW employees were told they would need to reapply under the new rules. The new policy had no time limitation, excluding from employment all applicants with convictions in certain categories of crimes without regard to whether the conviction was a misdemeanor or felony, the age of the conviction, or the nature or gravity of the individual crime. One hundred incumbent workers, eighty percent of whom were African American, did not pass the new background check, including many who had worked for the company for a number of years. Is there any unlawful invasion of privacy? Rationale