EEOC Criminal Background Guidance Faces Challenge

A federal appeals court today will hear Texas’ challenge to the EEOC’s guidance on criminal background checks. The case will consider whether Texas has the right to sue over the guidance that says employers shouldn’t have blanket policies that exclude hires who have felony or other arrest records.

Policies Discriminate: Advocates and the EEOC say such blanket policies discriminate against people with convictions, and disproportionately affect people of color. They’re pushing employers to take in candidates in a more comprehensive way, as opposed to automatically denying them a job.

Agencies at Odds: The Justice Department, which represents the EEOC in ...