Background Check Best Practices After 5th Circ. EEOC Ruling

Law360 (September 9, 2019, 3:50 PM EDT) -- For the last seven years, employers have cautiously approached consideration of applicants’ criminal conviction records due to guidance issued by the U.S. Equal Employment Opportunity Commission in 2012. However, a recent decision of the U.S. Court of Appeals for the Fifth Circuit has called into question the EEOC’s authority to issue this guidance.

On Aug. 6 in State of Texas v. EEOC, the Fifth Circuit ruled that the EEOC "overstepped its statutory authority" in issuing the "Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII".[1] The 2012 guidance was issued during President Barack Obama’s...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!