State of Texas sues over EEOC guidelines on hiring felons

filed suit against the EEOC, saying the state’s hiring guidelines limit employers from excluding convicted felons from employment to ensure that they do no hold positions of public trust. On April 25, 2012, the EEOC approved an updated ‘Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.’ This new guidance essentially suggests an employer’s use of an individual’s criminal history in making employment decisions may, in some instances, violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964. Abbott said is that Texas law allows certain state agencies to prohibit the hiring of convicted felons to ensure that they do no hold positions of public trust. Those agencies run criminal background checks to ensure that, Abbott said. “If state agencies choose to comply with the EEOC’s interpretation, they not only violate state law, but also must … begin evaluating and hiring felons to serve in law enforcement, teach in local elementary schools, nurse veterans and the disabled, counsel juvenile detainees, and coach little league,” Abbott’s lawsuit claims. According to a release from Abbott’s office, he is seeking:

  • a declaratory judgment that the state and its agencies are entitled to maintain and enforce state laws and policies that absolutely bar convicted felons – or a certain category of convicted felons – from government employment;
  • a declaration that the commission cannot enforce its guidelines against the State of Texas – and an injunction that bars the EEOC from issuing right-to-sue letters to persons seeking to pursue this type of discrimination charge against the State of Texas or any of its agencies; and
  • a judgment holding unlawful and setting aside the EEOC’s hiring guidelines.
For more information on the EEOC guidance, or rules and regulations for employment screening in your state, get in touch today.
 
]]>

You May Also Like

Check out these additional posts from Mind Your Business.

3 Ways to Support Women-Owned Businesses

October was National Women’s Small Business month. As a certified women-owned small business, it was important for us to reflect on the inequities that still exist in business.  The pandemic has put a large strain on women-owned businesses and especially minority women-owned businesses.  Now more than ever, it is important for us to look at…
Read More

MYB featured in Capital at Play Magazine

 Mind Your Business (MYB) was honored to be featured in Capital at Play Magazine’s August Issue.  In the article Karen Caruso, Founder/CEO of MYB, discusses how she got her start in the background screening industry and her experience with government contracting. Karen says, “Most people in WNC are surprised to learn that a company like…
Read More

MYB Included on Inc. 5000 List for Third Consecutive Year

Despite a year filled with challenges due to COVID-19, we are thrilled to announce Inc. magazine revealed that Mind Your Business, Inc. is No. 2831 on its annual Inc. 5000 list. The list is the most prestigious ranking of the nation’s fastest-growing private companies. The annual compilation represents a unique look at the most successful…
Read More

Quality and Precise Results, On Time!

Let us know about your screening needs to get a custom quote. We work with businesses big and small as well as the government. Which means we have a package of solutions for your organization as well.