EEOC Moves to Rescind 2012 Criminal Record Hiring Guidance

HR Dive · United States · Oct 8, 2026

The EEOC has sent a final rule to the White House that would rescind its 2012 guidance on how employers should handle arrest and conviction records in hiring decisions. The 2012 guidance outlined best practices for evaluating criminal history under Title VII, including factors like offense gravity, time elapsed, and job relevance, and warned against policies with disparate racial impact. The rollback follows Trump's executive order condemning disparate-impact liability theory, as well as similar actions by the DOJ and DOL. Attorneys at Littler caution that employers should not abandon structured criminal background screening practices, as Title VII disparate treatment claims and EEOC investigations remain live risks — a key compliance point for recruiters and staffing firms running background checks on candidates.