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Employment ComplianceNov 10, 202614:00 (PT)

EEOC rescinded criminal background check guidance, but Title VII and Louisiana law still apply

Key points

  • The EEOC recently rescinded its 2012 enforcement guidance on considering arrest and conviction records
  • The withdrawal did not change Title VII
  • Louisiana state law independently requires many practices the guidance recommended

According to Liskow & Lewis, the EEOC recently rescinded its 2012 enforcement guidance on considering arrest and conviction records in hiring decisions. The withdrawal did not change Title VII, and Louisiana state law independently requires many of the practices the guidance recommended. For reference only; not legal advice.

What employers should do

  1. Ensure hiring decisions involving criminal records still comply with Title VII
  2. Check Louisiana state law requirements for background checks

Policy details

Jurisdiction
Federal (Louisiana state law also applies)
Status
Repealed
Effective date
—
Official source
View official source ↗
Original report: Liskow & Lewis, APLC ↗AI-assisted brief; may contain inaccuracies. Rely on the original reports and official documents. For information only; not legal, immigration or insurance advice.