Texas Aims To Void EEOC Background Check Policy

Law360, Dallas (November 04, 2013, 7:28 PM ET) -- Texas on Monday filed a federal suit alleging state sovereignty should preclude a U.S. Equal Employment Opportunity Commission enforcement guideline prohibiting categorical bans on hiring convicted felons when the policy would have a discriminatory effect on protected classes.

The state is seeking an injunction blocking enforcement of an April 2012 policy set by EEOC that urges businesses to use a case-by-case approach to criminal background checks because blanket hiring exclusions have the potential to create a disparate impact. Texas says the EEOC has reached too far beyond...
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