On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more
8/9/2019
/ Administrative Procedure Act ,
Adverse Impact ,
Appeals ,
Business Necessity ,
Civil Rights Act ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Lack of Authority ,
National Origin Discrimination ,
Notice and Comment ,
Race Discrimination ,
Title VII
On September 24, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) reaffirmed the importance of following its 2012 enforcement guidance on employer use of criminal history information - specifically the EEOC’s...more
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
7/8/2016
/ Administrative Procedure Act ,
Corporate Counsel ,
Criminal Background Checks ,
Disparate Impact ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Rule 12(b)(1) ,
Final Action ,
Motion to Dismiss ,
Remand ,
Reversal ,
Standing ,
Subject Matter Jurisdiction ,
Title VII