Fifth Circuit Decision Opens Door to Future Challenges of EEOC 2012 Criminal History Guidance

In 2012 the Equal Employment Opportunity Commission (EEOC) issued guidance on using arrest and conviction records in hiring decisions and prohibited the use of no-felony rules. When a former Texas state job applicant filed a complaint with the EEOC based on Texas’s no-felon hiring policy, the state of Texas sued the EEOC in the U.S. District Court for the Northern District of Texas. The state argued the EEOC overstepped its authority because they were not authorized to implement substantive rules regarding Title VII. Ultimately the case landed in the Fifth Circuit which agreed with the State of Texas. Find out how this ruling could impact use of the guidance in other cases here.