Westlaw News

Judge says EEOC can't enforce background check regs against Texas

A federal judge in Texas has ruled that the Equal Employment Opportunity Commission cannot use Obama-era guidelines that restrict employers’ use of criminal background checks in any case against the state of Texas, which bars the hiring of convicted felons for many state jobs.

U.S. District Judge Sam Cummings in Lubbock, Texas on Thursday said the EEOC’s 2012 guidance marked a substantive change in the commission’s interpretation of the law but was adopted without public comment, so the EEOC cannot rely on it in cases challenging Texas state agencies’ hiring practices. Texas sued the EEOC over the guidance in 2013.

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