EEOC Immediately Rescinds 2012 Guidance on Arrest and Conviction Records

The U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act, originally approved in 2012. The agency announced the decision on October 29, 2026, and said the rescission is effective immediately. The action changes the EEOC’s enforcement guidance, not the underlying statutory protections enforced under Title VII.

For government contractors and other employers, the practical effect is a reason to review hiring and background-screening policies—not a blanket directive to discard established practices. The EEOC stated that the rescission “does not require employers to abandon any lawful practices they may have adopted” in response to the 2012 guidance. Employers should assess whether their use of arrest or conviction information remains lawful and whether screening criteria could operate as proxies for intentional discrimination.

The commission emphasized that Title VII continues to prohibit discrimination based on race or national origin. Chair Andrea Lucas said the rescission “does not give employers license to engage in unlawful discrimination,” and stated that the EEOC will continue to enforce those protections in accordance with the law. The agency also said the action does not restore policy statements that were superseded by the 2012 guidance, an important qualification for employers revisiting older policies or compliance materials.

The enforcement landscape differs by employer type. The EEOC is the sole federal agency authorized to investigate and litigate against private-sector businesses and other private-sector employers for violations of federal employment-discrimination laws. For public-sector employers, it shares jurisdiction with the Department of Justice Civil Rights Division; it also coordinates the federal government’s employment antidiscrimination effort. The rescission itself creates no contract, funding, or procurement opportunity, but contractors may wish to coordinate HR, legal, and compliance reviews to ensure hiring practices continue to meet Title VII obligations.

• Effective date: The EEOC’s rescission took effect immediately after its October 29, 2026 vote.
• Guidance withdrawn: The action removes the 2012 enforcement guidance on considering arrest and conviction records in employment decisions under Title VII.
• Statutory protections remain: Title VII continues to prohibit discrimination based on race or national origin, including employment requirements that act as proxies for intentional discrimination.
• No required policy reset: The EEOC says employers are not required to abandon lawful practices adopted in response to the former guidance.
• No restoration of superseded statements: The rescission does not reinstate policy statements that the 2012 guidance had superseded.
• Private-sector enforcement: The EEOC is the sole federal agency authorized to investigate and litigate employment-discrimination cases against private-sector employers under the relevant federal laws.
• Public-sector jurisdiction: The EEOC shares jurisdiction with the Department of Justice Civil Rights Division for public-sector employers.
• Contractor action: Review screening criteria, background-check workflows, and hiring documentation for continued Title VII compliance; the change does not eliminate discrimination risk.
• Procurement impact: No contract, funding, or solicitation opportunity is identified; the principal GovCon implication is employment-compliance monitoring.