EEOC Moves to Rescind Guidance on Hiring Record Checks
Employers using criminal background screens should prepare for a shift in federal compliance standards.
Updated on Oct. 21, 2026 in Job Fairs
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The U.S. Equal Employment Opportunity Commission has initiated the process to rescind its existing guidance on how employers use criminal and arrest records during the hiring process. This shift in policy impacts the regulatory standards for screening applicants across the United States.
Why it matters
The agency is moving to remove guidance based on the theory of disparate impact, signaling a fundamental change in how hiring practices will be scrutinized for discrimination. This transition reflects a new internal stance under current leadership regarding the legal standards for employer screening.
The EEOC is currently moving to dismantle long-standing guidance on the use of criminal records in employment decisions. The scale of the change involves a shift away from disparate impact enforcement, though the specific date for final adoption of the rescission remains unknown.
The players
U.S. Equal Employment Opportunity Commission
The federal agency responsible for enforcing laws against workplace discrimination and providing guidance on employment practices.
Andrea Lucas
The chair of the U.S. Equal Employment Opportunity Commission.
The details
The EEOC move represents a shift in enforcement philosophy by rejecting disparate impact as a primary basis for discrimination cases regarding criminal record usage. Employers who previously calibrated their background check policies to align with this guidance will now face a regulatory landscape that emphasizes different legal thresholds. The process is expected to pass, removing the current framework that agencies have historically used to investigate hiring practices.
Timeline
October 21, 2026: The EEOC move to rescind the existing guidance was reported.
Market Landscape
This policy pivot marks a formal departure from the EEOC's 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records. It signals a move away from the disparate impact doctrine that has shaped employer background check compliance for over a decade.
Business owners should review their current background screening protocols with qualified counsel to prepare for a shift in federal compliance standards. Monitoring the finalization of this rescission is essential to understanding new legal risks in hiring processes.
The takeaway
The anticipated rescission suggests that disparate impact claims regarding criminal history will carry less weight in upcoming EEOC enforcement actions. Operators should flag this shift for their HR departments to ensure screening policies remain compliant as federal guidance evolves.
Further reading
For more information on how regulatory changes affect your hiring workflows, see Job Fairs.
Source note: This article includes information reported by Law.
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