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Employment ComplianceNov 2, 202608:57 (PT)

EEOC updates: rescinds criminal history guidance and affirmative action guidelines; reportedly cuts response deadlines to 15 days

Key points

  • The EEOC revoked guidance on arrest and conviction records and rescinded 40-year-old affirmative action guidelines
  • The EEOC sued an employer a second time, alleging ADA violations over rescinded offers based on medication use
  • Reports say response deadlines were cut from 30 to 15 days; the EEOC has issued no guidance

Per a JDP roundup, the EEOC has revoked Obama-era guidance on employers' use of arrest and conviction records and rescinded 40-year-old affirmative action guidelines, which it says violated Title VII. It has also sued an employer a second time, alleging ADA violations over rescinded job offers based on medication use. Reports say response deadlines have been cut from 30 to 15 days; the EEOC has issued no guidance.

What employers should do

  1. Check whether hiring policies on criminal records align with current EEOC positions
  2. Review procedures for rescinding offers based on medication use to avoid ADA violations
  3. Verify the reported change to EEOC response deadlines

Policy details

Jurisdiction
Federal
Status
Enforcement action
Effective date
—
Employers covered
U.S. employers subject to Title VII and the ADA
Official source
Official source pending
Original report: JDP ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.