EEOC Rescinds Enforcement Guidance on Arrest and Conviction Records
Key Takeaways
- The EEOC has rescinded its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions.
- The rescission took effect immediately.
- Employers may retain current practices. Employers don’t have to drop lawful practices they adopted in response to the 2012 guidance.
- Title VII still applies. EEOC Chair Andrea Lucas said, “Rescinding this guidance does not give employers license to engage in unlawful discrimination.” She added that Title VII still prohibits discrimination based on race or national origin, including job requirements that act as proxies for intentional discrimination, and that the EEOC will continue to enforce those protections.
On October 29, 2026, the Equal Employment Opportunity Commission (EEOC) announced the immediate rescission of its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act.
The 2012 guidance established a framework for evaluating criminal history in employment decisions, emphasizing the relevance of an offense to the position, the time elapsed since the offense, and the importance of individualized assessments.
What Does This Mean for Employers?
While the rescission represents a significant change in the EEOC’s enforcement guidance, it does not eliminate employers’ obligations under Title VII or the Fair Credit Reporting Act (FCRA). Importantly, the EEOC expressly acknowledged that employers are not required to discontinue lawful practices established in response to the 2012 guidance.
Additionally, numerous state and local jurisdictions have adopted their own fair chance hiring laws and regulations, many of which incorporate aspects of the EEOC’s 2012 guidance. These requirements remain in effect and may independently govern the consideration of criminal history, individualized assessments, and adverse action procedures.
InfoMart’s Continued Commitment
Since 2012, many of the practices outlined in the EEOC’s guidance have become established components of responsible employment screening programs.
InfoMart remains committed to supporting our clients through our existing compliance processes, including jurisdiction-specific criminal history reporting restrictions, an individualized assessment platform, and customizable adverse action tools.
We do not anticipate making broad changes to these processes as a result of the EEOC’s announcement. We will continue monitoring federal, state, and local developments and adjusting our practices as applicable requirements evolve.
What Should Employers Do Now?
For most employers, this change by the EEOC does not create an immediate need to modify existing background screening policies or procedures. We encourage clients to continue following their established review and adverse action processes while ensuring their programs comply with applicable federal, state, and local requirements.
InfoMart will continue providing updates as additional developments warrant. For more information, you may review the EEOC’s official announcement.
This page is intended to provide informational summaries and practical guidance, not legal advice. Because statutes and court rules change, please consult the specific state resources or speak with a licensed attorney before relying on the information for decision-making.
About Tammy Cohen
Tammy Cohen, an industry pioneer and expert in identity and employment screening, founded InfoMart 30 years ago. Deemed the “Queen of Screen,” she’s been a force behind industry-leading innovations. She was most recently the first-to-market with a fully compliant sanctions search, as well as a suite of identity services that modernizes talent onboarding. Tammy revolutionized the screening industry when she stepped into the field, developing the first client-facing application and a due diligence criminal search that has since become standard for all background screening companies. Cohen has received national awards and honors for her business and civic involvement, including Atlanta Business Chronicle’s Top 25 Women-Owned Firms in Atlanta, Enterprising Women Magazine’s Enterprising Women of the Year award, the YWCA of Northwest Georgia’s Kathryn Woods Racial Justice Award, and a commendation in the 152nd Congressional Record.
About InfoMart
InfoMart has been revolutionizing the global background and identity screening industry for 30 years, providing businesses the information they need to make informed hiring decisions. They develop innovative technology that modernizes talent onboarding, including a first-to-market biometric identity authentication application and a verified sanctions search. The WBENC-certified company is a founding member of the Professional Background Screening Association, and they have achieved PBSA accreditation in recognition of their consistent business practices and commitment to compliance with the FCRA. The company is dedicated to customer service, speed, and accuracy, and it has been recognized for its success, workplace culture, and corporate citizenship with over 45 industry awards. To Get the Whole Story on InfoMart, please visit www.InfoMart-USA.com, follow @InfoMartUSA, or call (770) 984-2727.