EEOC Rescinds Guidance on Employer Use of Arrest, Conviction Records

The U.S. Equal Employment Opportunity Commission voted Oct. 21 to withdraw its 2012 guidance on how employers should consider arrest and conviction records in hiring and other employment decisions.

The change takes effect immediately and agency officials said the rescission does not restore older policy statements that the 2012 guidance replaced, and does not require employers to abandon lawful practices they adopted in response to it.

The 2012 guidance addressed how criminal-history screening could violate Title VII of the Civil Rights Act of 1964.

Arrest and conviction records are not themselves protected characteristics under federal law. But the EEOC warned that blanket exclusions could disproportionately screen out people of color and trigger scrutiny under race or national origin discrimination theories.

The guidance encouraged employers to conduct individualized assessments, weighing the nature and seriousness of the offense, the time elapsed since it occurred, and the nature of the job.

Why the EEOC Acted

EEOC chair Andrea Lucas said the vote reaffirms the agency’s commitment to enforce Title VII consistent with the Constitution and the limits Congress set on its authority.

She also stressed that rescinding the guidance “does not give employers license to engage in unlawful discrimination,” and that the EEOC will continue to enforce Title VII’s prohibitions on race and national origin discrimination, including employment requirements that serve as proxies for intentional discrimination.

The move fits a broader pattern.

“The EEOC will continue to vigorously enforce these protections in accordance with the law,” Lucas said.

The move fits a broader pattern, following Executive Order 14281, signed in April 2025, which directed federal agencies to deprioritize disparate impact liability.

In June, the EEOC also voted to rescind its affirmative action guidelines, in line with the Trump administration’s ongoing attempts to eliminate the consideration of race and sex in almost all workplace contexts.

Connecticut Impact

State law remains unchanged.

Connecticut’s Fair Chance Employment Act, which took effect Jan. 1, 2017—followed by significant changes in 2022—prohibits employers from asking about an applicant’s arrests, criminal charges, or convictions on an initial employment application, unless a state or federal law requires it.

Connecticut employers may not require an employee or applicant to disclose erased criminal history.

Employers may ask later in the process, such as during an interview.

Under Connecticut’s Clean Slate law, employers also may not require an employee or applicant to disclose erased criminal history.

And federal Fair Credit Reporting Act requirements for background checks, including notice and consent provisions, are not affected by the EEOC’s action.

Recommended Steps

Employers should consider these actions rather than treating the rescission as a reason to overhaul their hiring practices:

• Keep individualized assessments. Consider the offense, how long ago it occurred, and its relevance to the job.
• Avoid blanket bans. Categorical exclusions can still create legal exposure under Title VII and state law.
• Review applications. Make sure forms comply with Connecticut’s rules on when criminal history may be requested.
• Check vendors. Confirm that background check providers filter sealed, erased, and non-conviction records as required by law.
• Document decisions. Keep records showing the business reasons for any decision based on criminal history.
• Follow FCRA procedures. Provide required notices and give applicants an opportunity to respond before taking adverse action.
• Consult counsel. Policies that cover multiple states may need to account for stricter local rules.