August Employment Law Bulletin
Court “Paroles” EEOC Criminal History Guidance
In the case of the State of Texas v. EEOC (5th Cir. August 6, 2019), the Court ruled that the EEOC overstepped its statutory boundaries by issuing its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records and Employment Decisions Under Title VII of the 1964 Civil Rights Act. Although the immediate impact of the case is limited to the states within the jurisdiction of the 5th Circuit – Louisiana, Mississippi and Texas – we expect it to be used as persuasive authority in other jurisdictions….
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