Texas Slams EEOC Bid To Evade Background Check Row

Law360, New York (February 10, 2015, 7:26 PM EST) -- The state of Texas has again urged the Fifth Circuit to reverse a lower court's dismissal of the state's lawsuit challenging U.S. Equal Employment Opportunity Commission guidance on using criminal records to make hiring decisions, saying the agency was wrong to argue the guidance is not susceptible to court review.

In a reply brief, Texas took aim at a January brief filed by the EEOC, saying the agency incorrectly argued that its guidance did not constitute a final agency action that could be reviewed under the Administrative Procedures Act. The EEOC's brief was also wrong to contend the policy was nonbinding...

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