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Texas two-step: 5th Circuit says no to background check suit

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in Employment Background Check,Human Resources

The legal showdown between the state of Texas and the EEOC over the commission’s background check guidance took another turn in September when the 5th Circuit Court of Appeals issued an order withdrawing its previous June opinion and remanding the case to U.S. District Court for the Northern District of Texas.

The June 2016 opinion had allowed Texas to proceed with its lawsuit against the EEOC. This order comes on the heels of the Supreme Court’s recent decision in United States Army Corps of Engineers v. Hawkes Co., Inc. (136 S. Ct. 1807, 2016), which examined when a federal agency’s decisions can be challenged in court.

This new development calls into question whether Texas can proceed with its lawsuit against the EEOC.

Background on background checks

In April 2012, the EEOC issued its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act...(register to read more)

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