EEOC cannot enforce background check guidance against Texas, federal judge rules

The guidance recommends that employers carefully consider criminal records when making hiring decisions, including that employers conduct an “individualized assessment” before making an employment decision based on an applicant’s criminal history.

A Texas federal judge ruled that the Equal Employment Opportunity Commission (EEOC)’s guidance on background checks marked a substantive change in the Commission’s interpretation of the law and was adopted without public comment, so the EEOC cannot rely on it in cases challenging Texas state agencies’ hiring practices.

The ruling blocks the EEOC and the U.S. attorney general from enforcing the guidance against the state unless the agency reissues it after letting the public weigh in, according to

The state of Texas also sought to have the court declare that the state has an absolute right to bar felons from serving in certain positions. Ultimately, the court declined to do so, recognizing that although felons would pose a risk for “many categories of employment,” there are many other positions in which employees with prior felonies would “pose no objectively reasonable risk.”

“To find otherwise would be illogical,” said the judge. “Thus, a categorical denial of employment opportunities to all job applicants convicted of a prior felony paints with too broad a brush.”

The case is Texas v. EEOC, case number 5:13-cv-00255, in the U.S. District Court for the Northern District of Texas.

Source:, 2/2/2018

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong.Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong.Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why

What Our Clients Are Saying

The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock!

Talent Acquisition Specialist
Retail Store Chain

I am very impressed with your company’s customer service, and the Truescreen portal seems to be an intuitive, user-friendly design.

Learning Coordinator
Public College

Our team loves working with Truescreen and the expedient, thorough service and results we get from you.

Human Resources Executive
Large Hotel Chain

I appreciate all your hard work ensuring that individuals are cleared through our processes. Truescreen makes my job so much easier and less stressful.

Human Resources Analyst
Large Academic Institution

You are leaving

Ok, Continue Cancel