EEOC Guidance on Criminal Records

Showdown At The Fifth Circuit Continues: Texas Gets The Last Word On Its Challenge To The EEOC’s Criminal Background Guidance

By Gerald L. Maatman Jr. and Howard M. Wexler

Last year the U.S. District Court for the Northern District of Texas dismissed a high profile lawsuit brought by the State of Texas against the EEOC regarding the its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under Title VII.” The District Court held that Texas lacked … Continue Reading

Showdown At The Fifth Circuit: Texas Files Opening Appellate Brief In Its Challenge Of The EEOC’s Criminal Background Guidance

By Gerald L. Maatman Jr. and Howard M. Wexler

Earlier this year, the U.S. District Court for the Northern District of Texas dismissed a high profile lawsuit brought by the State of Texas against the EEOC regarding its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under Title VII.  In State of Texas v. EEOC, Case … Continue Reading

U.S. Commission On Civil Rights Blast EEOC’s Background Check Guidance As “Deeply Flawed” By Pamela Q. Devata, Gerald L. Maatman Jr., and Howard M. Wexler The EEOC has come under fire from Courts, State Attorney Generals, and even the entire State of Texas because of its guidance document regarding use of criminal background checks as hiring screens. As we previously discussed, the U.S. Commission on Civil Rights (“USCCR”) convened a hearing in December 2012... Continue Reading