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EEOC Rescinds 2012 Guidance on Criminal Records in Employment Decisions, Shifting Federal Enforcement Priorities

EEOC Rescinds 2012 Guidance on Criminal Records in Employment Decisions, Shifting Federal Enforcement Priorities

On October 28, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act. This rescission took effect immediately upon its announcement on October 29. For over a decade, this Guidance served as the primary federal framework for employers conducting criminal background screenings. The 2012 Guidance advised employers that screening out applicants based on criminal history could lead to disproportionate impacts on certain racial and national origin groups, potentially violating Title VII. To mitigate this risk, it recommended a 'targeted screen' considering the nature and gravity of the offense, the time elapsed since the offense or sentence, and the job's nature, ideally followed by an individualized assessment. The EEOC's decision to withdraw this guidance signifies a change in federal enforcement priorities, moving away from broad dispa...
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EEOC Rescinds 2012 Criminal History Guidance, Title VII Protections Remain

EEOC Rescinds 2012 Criminal History Guidance, Title VII Protections Remain

On October 28, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to immediately rescind its 2012 guidance concerning the use of arrest and conviction records in employment decisions. This guidance had served as a key reference for employers for over a decade in evaluating criminal history under Title VII of the Civil Rights Act. The rescission withdraws the EEOC's previous interpretations and recommendations but does not amend Title VII itself. EEOC Chair Andrea Lucas emphasized that the agency will continue to enforce protections against discrimination based on race or national origin, including when employment requirements act as proxies for intentional discrimination. While the EEOC has indicated a reduced focus on disparate impact claims, Title VII still allows for such claims where employment practices disproportionately affect protected groups. Employers are not required to abandon lawful screening practices adopted in response to the previous guidance, and the EEOC has not announce...
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EEOC Rescinds 2012 Criminal History Guidance for Employers

EEOC Rescinds 2012 Criminal History Guidance for Employers

On October 28, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to immediately rescind its 2012 guidance concerning the use of arrest and conviction records in employment decisions. This guidance had previously served as a key reference for employers assessing criminal histories under Title VII of the Civil Rights Act. The rescission effectively withdraws the EEOC’s interpretations and recommendations from 2012 but does not alter Title VII itself. Employers are not mandated to abandon lawful screening practices adopted in response to the previous guidance, nor are older policy statements being reinstated. The EEOC has not yet announced any replacement enforcement guidance on arrest and conviction records. The 2012 guidance had emphasized that while criminal history is not a protected characteristic, decisions based on it could lead to disproportionate impacts on protected groups, particularly based on race or national origin, potentially resulting in discrimination. It had recommended av...
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EEOC Settles Pregnancy Discrimination Lawsuit Against Delta Air Lines

EEOC Settles Pregnancy Discrimination Lawsuit Against Delta Air Lines

Delta Air Lines, Inc. has reached a settlement with the U.S. Equal Employment Opportunity Commission (EEOC) in a federal lawsuit alleging pregnancy discrimination. The lawsuit, filed by the EEOC, claimed that in 2022, an applicant for a New York City ticket/gate/customer service agent position received a conditional job offer from Delta. Upon disclosing her pregnancy while attempting to take a required physical ability test administered by a third-party vendor, the vendor refused to allow her to take the test, despite her providing a medical release form from her doctor. Delta subsequently rescinded the job offer because the applicant did not complete the physical ability test. The EEOC stated that Delta also failed to ensure its vendor offered alternative testing options to the pregnant applicant. This conduct is alleged to violate Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA), which prohibits employment discrimination based on pregnancy. The settlement in...
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AI Integration in HR Raises Legal Risks for U.S. Employers Regarding Discrimination and Employee Monitoring

AI Integration in HR Raises Legal Risks for U.S. Employers Regarding Discrimination and Employee Monitoring

AI Integration in HR Raises Legal Risks for U.S. Employers Regarding Discrimination and Employee Monitoring
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EEOC Seeks Supervisory HR Specialist for Employee and Labor Relations Division

EEOC Seeks Supervisory HR Specialist for Employee and Labor Relations Division

The U.S. Equal Employment Opportunity Commission (EEOC) is actively recruiting for a Supervisory HR Specialist position, specifically to serve as the Director of the Employee and Labor Relations Division (ELRD). This role, classified as GS-0201-15, is located within the Office of the Chief Human Capital Officer (OCHCO) at the EEOC's headquarters in Washington, D.C. The selected individual will be responsible for planning, implementing, and directing a comprehensive employee and labor management relations program for the entire Commission. Key responsibilities include advising administrators, supervisors, and employees on merit system rules, collective bargaining agreements, grievances, disciplinary actions, and discrimination complaints. The Director will also be tasked with investigating employee disciplinary problems and complaints of harassment or discrimination, recommending and initiating appropriate actions. The position requires personnel vetting, including a background investigation and continuous ...
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Littler Lounge Podcast Discusses Midterm Election Impact on U.S. Employers and Workplace Policy

Littler Lounge Podcast Discusses Midterm Election Impact on U.S. Employers and Workplace Policy

Littler Lounge Podcast Discusses Midterm Election Impact on U.S. Employers and Workplace Policy
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Shell Faces Discrimination Lawsuits from White Employees Amidst DEI Initiatives

Shell Faces Discrimination Lawsuits from White Employees Amidst DEI Initiatives

Shell Faces Discrimination Lawsuits from White Employees Amidst DEI Initiatives
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Employers Advised to Update HR Compliance for Remote Work and Evolving Regulations

Employers Advised to Update HR Compliance for Remote Work and Evolving Regulations

Employers Advised to Update HR Compliance for Remote Work and Evolving Regulations
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WARN Act Regulations for Multi-State Employers Detailed Amidst Layoff Announcements

WARN Act Regulations for Multi-State Employers Detailed Amidst Layoff Announcements

WARN Act Regulations for Multi-State Employers Detailed Amidst Layoff Announcements
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Kylie Jenner Faces Fourth Lawsuit from Former Housekeeper Alleging Mistreatment and Labor Violations

Kylie Jenner Faces Fourth Lawsuit from Former Housekeeper Alleging Mistreatment and Labor Violations

Kylie Jenner is facing a new lawsuit filed on November 5 in Los Angeles Superior Court by former housekeeper Dinora Carolina Cabria Amaya. The lawsuit alleges disability discrimination, retaliation, wrongful termination, and numerous labor violations. Amaya claims she began working for Jenner in March 2025, earning $40 an hour in cash, typically six days a week. She alleges she was not regularly paid for overtime hours, was forced to work long shifts, and was not reimbursed for travel expenses or paid for travel time between Jenner's properties. Specific incidents cited include being trapped in Jenner's closet for over an hour, being bitten by a dog, and accidentally pepper-sprayed in the face. Amaya also claims she was instructed to leave or hide when Jenner was present. This is the fourth lawsuit in seven months from a former household employee against Jenner or her companies, all represented by attorney Della Shaker.
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Rhode Island Governor McKee Signs Warehouse Worker Protection Act into Law

Rhode Island Governor McKee Signs Warehouse Worker Protection Act into Law

Rhode Island Governor Daniel McKee signed the Warehouse Worker Protection Act (R.I. Gen. Laws § 28-61-1 et seq.) into law on June 18, 2026. This legislation, which takes effect on January 1, 2027, mandates that employers in warehouse distribution centers provide employees with advance notice of any productivity quotas. The law also requires notice of any adverse employment actions that may result from failing to meet these quotas. Rhode Island joins several other states, including New York, Minnesota, Washington, Oregon, and Connecticut, in adopting similar protections for warehouse workers. The Act applies to non-exempt employees in warehouse distribution centers with 100 or more employees at a single facility or 1,000 or more employees across multiple facilities within the state. It covers operations identified by specific North American Industry Classification System (NAICS) codes, such as General Warehousing and Storage, Merchant Wholesalers, and Electronic Shopping and Mail-Order Houses. Employers mus...