HIGHLIGHTS

Employers Blog — Update

EEOC Rescinds Its Criminal Background Check Guidance, but Colorado’s Criminal Background Check Laws Still Apply

“On October 28, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC” or the “Commission”) voted to rescind its 2012 guidance on how employers may use arrest and conviction records, effective immediately. The rescission continues the federal retreat from disparate impact enforcement, but it does not change Title VII of the Civil Rights Act of 1964 (“Title VII”) itself. Colorado employers also remain bound by the state’s laws on criminal history screening.”