Texas Defeats EEOC Background Check Guidance At 5th Circ.

Law360 (August 6, 2019, 4:22 PM EDT) -- The Fifth Circuit struck down Obama-era U.S. Equal Employment Opportunity Commission guidance Tuesday that urged employers to limit their use of criminal background checks in hiring, backing a challenge from the state of Texas, which bars some felons from holding certain state jobs.

A three-judge panel largely upheld an injunction that U.S. District Judge Sam Cummings gave to Texas, blocking the EEOC and the U.S. Department of Justice from enforcing 2012 EEOC guidance that interpreted Title VII of the Civil Rights Act to reject blanket bans on hiring workers with criminal records against the state unless it was reissued after allowing...

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