EEOC Rescinds Enforcement Guidance on Arrest and Conviction Records, But Employers Should Not Abandon Individualized Assessments of Applicants’ Criminal History
On October 29, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it voted the day prior to rescind, effective immediately, its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act.” That guidance had dated to 2012. Title VII does not recognize “criminal record” as a protected trait…
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