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Criminal Background Checks › Enforcement Guidance › Standing

Obermayer Rebmann Maxwell & Hippel LLP

Without a Box to Stand on: States May Lack Right to Fight EEOC Criminal History Guidance After All

Obermayer Rebmann Maxwell & Hippel LLP on

As our readers are likely aware, ordinances have been adopted in recent years in numerous jurisdictions limiting an employer’s ability to inquire about a job applicant’s criminal background. These so-called “Ban the Box”...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Says Texas May Challenge EEOC Criminal Background Check Guidance

Parker Poe Adams & Bernstein LLP on

In 2012, the Equal Employment Opportunity Commission issued an Enforcement Guidance stating when employers’ use of criminal background checks to exclude applicants from jobs violates Title VII. The Guidance states the EEOC’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

No Texas Hold ‘Em: Fifth Circuit Allows Texas to Challenge the EEOC Enforcement Guidance

Ogletree, Deakins, Nash, Smoak & Stewart,... on

A somewhat surprising decision in favor of the State of Texas was handed down from the Fifth Circuit Court of Appeals on June 27, 2016, which held that (i) Texas had standing to challenge the Equal Employment Opportunity...more

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