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ARTICLE · 13 SEPTEMBER 2019

Background Check Best Practices After 5th Circ. EEOC Ruling

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For the last seven years, employers have cautiously approached consideration of applicants' criminal conviction records due to guidance issued by the U.S. Equal Employment Opportunity Commission

United StatesEmployment and HR
Paula Graves Ardelean
Paula Graves Ardelean
Robin Banck Taylor
Robin Banck Taylor
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THE FOLLOWING ARTICLE WAS WRITTEN BY Paula Graves Ardelean and Robin Banck Taylor AND WAS PUBLISHED IN LAW360 ON september 9, 2019. CLICK HERE TO VIEW THE ARTICLE ON LAW360'S EXPERT ANALYSIS SECTION.

For the last seven years, employers have cautiously approached consideration of applicants' criminal conviction records due to guidance issued by the U.S. Equal Employment Opportunity Commission in 2012. However, a recent decision of the U.S. Court of Appeals for the Fifth Circuit has called into question the EEOC's authority to issue this guidance.

On Aug. 6 in State of Texas v. EEOC, the Fifth Circuit ruled that the EEOC “overstepped its statutory authority” in issuing the “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII”.1 The 2012 guidance was issued during President Barack Obama's administration.

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