June 11, 2019 / 10:43 PM / 5 days ago

5th Circuit told Texas has no standing to challenge EEOC background-check guidance

A U.S. Department of Justice lawyer on Monday urged a federal appeals court to find that the state of Texas did not have standing to challenge Obama-era guidance from the Equal Employment Opportunity Commission restricting the use of background checks in hiring.

The lawyer, Stephanie Marcuse, told a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans that because the guidance merely set out the EEOC’s interpretation of Title VII of the Civil Rights Act of 1964, Texas and other employers cannot challenge it until it is applied in a particular case. DOJ represents the EEOC in the case.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2F4g9zL

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