Decision Striking Down EEOC’s Criminal Background Guidance in Texas Likely to Impact Employers Across the Country

Texas sued the Equal Employment Opportunity Commission (EEOC) over 2012 guidance cautioning employers to limit the use of criminal background checks during the hiring process for state jobs. The United States Court of Appeals for the Fifth Circuit issued a decision siding with Texas and ruling that blanket bans against hiring those with criminal records could not be enforced against the state. Houston-based attorney, Hollie Reiminger was cited in Route Fifty’s coverage of the decision explaining the potential impact of the ruling: “The sweeping decision from the 5th Circuit Court of Appeals calls into question not only the future of the guidance as applied to other employers across the country, but also the EEOC’s power to issue such guidance in the first place.”   

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