The Executive Suite: Federal judge in Texas rules EEOC guidance limiting use of criminal background checks unenforceable

Saturday, February 3, 2018

Federal judge in Texas rules EEOC guidance limiting use of criminal background checks unenforceable

Federal district judge Sam Cummings[official bio] on Thursday ruled [opinion; pdf] that an Equal Employment Opportunity Commission (EEOC) guideline [text] limiting employers' use of criminal background checks in the hiring process is unenforceable.

Texas, the plaintiff, claimed that the guideline was issued without notice and comment, overstepped the EEOC's authority, and was an "unreasonable interpretation" of Title VII [text] of the Civil Rights Act of 1964. The EEOC claimed that it had never enforced the guidelines against Texas, and that the guidelines were meant to address disparate impact of protected classes in hiring.

The court ruled that the guideline was a "substantive rule issued without notice and the opportunity for comment." Therefore, the guideline will not be enforceable in the state of Texas. The court did not rule on the rest of plaintiff's complaint.

Cummings also found that, "[a] categorical denial of employment opportunities to all job applicants convicted of a prior felony paints with too broad a brush and denies meaningful opportunities of employment to many who could benefit greatly from such employment." He said that there were instances where an employee's prior felony conviction would not affect public safety or the employee's ability to perform a job.