EEOC moves to rescind 2012 criminal-record guidance
HR Dive and Bloomberg Law report the EEOC is moving to withdraw its 2012 arrest and conviction record guidance, but attorneys say background-check practice should stay put.
The EEOC is moving to rescind the guidance it issued in 2012 on employer use of arrest and conviction records, according to reporting from HR Dive and Bloomberg Law. An attorney quoted in that coverage cautioned that employers should not necessarily change their approach, noting that disparate-impact exposure under Title VII and state and local fair-chance laws would remain in place regardless. The practical advice in the reporting is to hold current screening practice rather than loosen it. The timing and final form of any rescission are not confirmed in the coverage.