EEOC Moves to Rescind Guidance on Criminal Records

The agency is working to remove existing standards regarding how employers utilize job applicant arrest and conviction history.

Updated on Oct. 21, 2026 in Job Fairs

Bold flat-color editorial illustration of a brass door handle, representing institutional administrative change in federal regulatory policy. — The U.S. Equal Employment Opportunity Commission has begun rescinding long-standing federal guidance regarding how employers use criminal history in job application screening. AI Illustration. Upload story photo >

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Should employers be allowed to use criminal history when making hiring decisions?

The U.S. Equal Employment Opportunity Commission has initiated a process to rescind its long-standing guidance on the use of criminal and arrest records in hiring. This shift signals a major change in how the federal agency approaches employment screening policies nationwide.

Why it matters

The decision represents a formal rejection of using disparate impact as a basis for discrimination litigation under the agency's current leadership. This move could fundamentally alter how companies conduct background checks without facing federal regulatory pushback.

The agency has moved to rescind its guidance on criminal and arrest record usage in hiring nationwide. The full implementation of this change remains pending as the commission moves through its formal rescission process.

The players

U.S. Equal Employment Opportunity Commission

This is the federal agency responsible for enforcing laws that make it illegal to discriminate against a job applicant or an employee.

Andrea Lucas

Andrea Lucas serves as the current chair of the EEOC and is leading the agency's recent policy shift.

The details

The EEOC is rolling back existing directives that previously restricted how employers could consider a candidate's criminal history during the recruitment process. Under the guidance of Chair Andrea Lucas, the agency is pivoting away from disparate impact theories that were historically used to prosecute discriminatory hiring practices.

The move to rescind the guidance was reported on October 21, 2026.

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 reshapes the competitive environment for businesses by removing long-standing federal barriers to criminal background screening.

Job seekers with prior arrest or conviction records may face new challenges as federal screening protections are removed. Employers can expect increased flexibility when conducting background checks, which may impact hiring timelines and candidate vetting processes.

The takeaway

This regulatory shift reflects a significant change in how the federal government balances corporate hiring autonomy against anti-discrimination standards. Workers should be prepared for potential changes in corporate background check requirements following this policy reversal.