Comply, but Sue the EEOC for any Loss from the Imposed Hiring Practice

 Any loss from hiring criminals should be compensated by the EEOC. Because it is a regulatory taking, Sheetz should be compensated under the Fifth Amendment. Say, an employee with a criminal record steals. Say, he assaults a customer, and the store is sued for the damages. The EEOC that forced the hiring should pay all the damages assessed to the store. 

Here. 

This is an analogous legal situation, laws protecting squatters' rights to the detriment of property owners interests. 

Here.