EEOC criminal-record guidance
Published November 4, 2026 · Coverage October 25–31, 2026, Pacific · Medium priority
The EEOC announced October 29 that the Commission voted October 28 to rescind its 2012 enforcement guidance on the use of arrest and conviction records in employment decisions under Title VII, effective immediately. The agency says Title VII continues to prohibit unlawful discrimination. Healthcare employers should consult employment and licensing counsel about applicable requirements before changing background-check practices. The rescission instrument and state-specific requirements have not been independently reviewed here.
Applicability and suggested action: Healthcare employers and their hiring teams should ask employment and licensing counsel to assess background-check practices under the applicable federal and state requirements; rescission of guidance does not itself repeal Title VII.
Complete edition and supplemental material
This article in the complete report →
Executive triage, source-coverage limitations, context and forward horizons remain in the complete report.
Read the entire Compliance Sweep report →