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The EEOC Rescinds Its Criminal-Records Guidance. What Changes for Employers?

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he EEOC’s retreat from disparate-impact enforcement now reaches criminal background checks. Employers considering changes to their screening procedures will need to look beyond the agency’s announ

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nt. TL;DR: The EEOC rescinded its 2012 criminal-records guidance, effective immediately, against the backdrop of the administration’s opposition to disparate-impact liability. The change signals a different federal enforcement approach. It does not change federal anti-discrimination law or eliminate separate state, local, and federal background-check requi

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ements.

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