Employers seem to be caught in an impossible catch-22 these
days: run a background check on a job candidate and risk a
potential discrimination lawsuit or forego this procedure and risk
exposing the company to potential liability for negligent hiring or
supervision. This is the position that the Equal Employment
Opportunity Commission seems to be putting employers in by its
aggressive interpretation of Title VII as prohibiting blanket rules
against hiring applicants with criminal backgrounds.
The Texas Legislature has taken an important step to help
protect employers who are willing to give applicants with a
criminal record a second chance. House Bill 1188, which takes
effect Sept. 1, 2013, will limit the liability of employers who
hire applicants with a criminal record. The new law provides that a
"cause of action may not be brought against an employer,
general contractor, premises owner, or other third party solely for
negligently hiring or failing to adequately
