The EEOC pulled its criminal background check guidance. Title VII is still here.

Last week, the EEOC voted 2-1 to rescind its 2012 guidance on arrest and conviction records. If you're wondering whether criminal background checks are now a free-for-all for employers, I'm here to tell you they're not.

The EEOC's guidance was never the law. Title VII is. Disparate impact is written into the statute, and private plaintiffs don't need the EEOC's blessing to bring those claims. Disparate treatment (applying harsher screening standards to applicants because of race or national origin) is still illegal. And the Fair Credit Reporting Act, along with state and local fair-chance and ban-the-box laws, haven't gone anywhere.

What changes is agency enforcement. That's it. The reality is that the EEOC has largely moved away from disparate impact cases. Expect more right-to-sue letters and fewer EEOC lawsuits. But those claims won't disappear. They'll move into court, where you're the defendant.

Here's what the 2012 guidance said:

Arrests aren't convictions. An arrest alone doesn't prove anyone did anything wrong.

Convictions can justify an exclusion, but the offense needs to matter to the job. Embezzlement matters for a bookkeeper. It matters a lot less for a forklift operator.

Blanket bans are a red flag. Relevance depends on the nature and gravity of the offense, how much time has passed, and the nature of the job.

Individualized assessments matter. Give applicants an opportunity to explain their records before pulling an offer.

So what should employers do now that the EEOC has rescinded its guidance?

1. Keep your process. The guidance is gone, but its logic remains a sound way to defend against a Title VII disparate impact claim: job-related and consistent with business necessity.

2. Don't turn arrests into automatic rejections. Without more, an arrest record is a weak reason to reject an applicant.

3. Audit blanket exclusions. A "no felonies, ever" policy invites legal scrutiny unless a law requires it.

4. Apply your screens consistently. Inconsistent enforcement can become evidence of disparate treatment.

5. Document your reasons. If you reject someone because of a criminal record, write down the offense, how old it is, and why it matters to the job.

6. Follow the FCRA. When using third-party background reports, disclosure, authorization, and applicable pre-adverse and adverse action notice requirements still apply.

7. Check state and local law. Fair-chance rules vary by jurisdiction. Know yours before changing anything.

8. Train your hiring managers. Managers who improvise create risk. Give them a process and make sure they follow it.

Employers, the EEOC may have stepped back. Plaintiffs' lawyers haven't. Plan and act accordingly.