News Feed Item

Challenges in Texas to EEOC Guidance Could Create Confusion for Employers; Opines CriminalBackgroundRecords.com

A recent court ruling in Texas has thrown the Equal Employment Opportunity Commission's 2012 guidance into question and ruled it unenforceable. Adam Almeida, President and CEO of CriminalBackgroundRecords.com opines: "This is a significant move by a feder

WALTHAM, Mass., Feb. 15, 2018 /PRNewswire-PRWeb/ -- A federal judge in Texas has thrown question into the fair, legal, and lawful use of criminal background checks by ruling 2012 Equal Employment Opportunity Commission guidance "unenforceable." (1) Adam Almeida, President and CEO of CriminalBackgroundRecords.com opines: "The recent proclamation by a Texas federal judge regarding the use of criminal history reports in background screening should put hiring managers in that state and across the nation on notice as now is an urgent time to ensure all background screening policies are in full compliance with law and federal guidance."

In 2012 the Equal Employment Opportunity Commission issued guidance as to the proper and legal way of conducting pre-employment background checks that utilized criminal history. The primary goal of the EEOC guidance was to stave off disparate impact in hiring.

From the Jurist.org (Feb 02, 18):

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 the plaintiff's complaint. (2)

In 2012 the EEOC issued guidance to employers as to the fair, legal, and lawful use of criminal background records as part of a typical pre-employment background check.

Almeida states: "The design of the EEOC guidance was to reduce the opportunity for disparate impact against African-Americans and Hispanics. Over the years there have been a number of challenges to the guidance and the recent reversal in Texas should highlight an immediate need for all hiring managers and HR departments to review all policies for compliance to ensure against the potential of costly litigation."

While the case ruled that the EEOC could not limit Texas' ability to utilize criminal history records the state did not achieve every goal they sought.

From TexasTribune.org (Feb 01, 18):

Texas in 2013 handed the court three major tasks: to declare that the state had a right to absolutely bar convicted felons from certain jobs, to prevent the EEOC from enforcing the new guidance and to prevent the EEOC from issuing "right-to-sue" letters that empower job applicants to allege illegal discrimination from prospective employers. (3)

Almeida concludes: "The recent ruling should immediately push hiring managers into a full review of current pre-employment policy. While it is too soon to understand the impact the ruling will have, it will certainly have a potentially far reaching impact on the use of criminal records in pre-employment background screening. Hiring managers should work with a well-qualified third-party background screening agency in order to remain fully compliant with current and pending changes to governance."

CriminalBackgroundRecords.com is a third-party background screening company that can provide compliant solutions for all screening requirements. From pre-employment to post-hire screening, as well as volunteer, caregiver and nanny checks, CriminalBackgroundRecords.com provides background screening services across a broad array of industries. From the smallest organization to the largest corporation, CriminalBackgroundRecords.com can fulfill every background screening requirement.

(1)    jurist.org/paperchase/2018/02/federal-judge-in-texas-rules-eeoc-guidance-limiting-use-of-criminal-background-checks-unenforceable.php
(2)    jurist.org/paperchase/2018/02/federal-judge-in-texas-rules-eeoc-guidance-limiting-use-of-criminal-background-checks-unenforceable.php
(3)    texastribune.org/2018/02/01/federal-judge-blocks-obama-era-restrictions-criminal-background-checks/
The case referred to in the above article is case number: Civil Action No 5:13-CV-255-C


SOURCE CriminalBackgroundRecords.com

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
Dynatrace is an application performance management software company with products for the information technology departments and digital business owners of medium and large businesses. Building the Future of Monitoring with Artificial Intelligence. Today we can collect lots and lots of performance data. We build beautiful dashboards and even have fancy query languages to access and transform the data. Still performance data is a secret language only a couple of people understand. The more busine...
Having been in the web hosting industry since 2002, dhosting has gained a great deal of experience while working on a wide range of projects. This experience has enabled the company to develop our amazing new product, which they are now excited to present! Among dHosting's greatest achievements, they can include the development of their own hosting panel, the building of their fully redundant server system, and the creation of dhHosting's unique product, Dynamic Edge.
This session will provide an introduction to Cloud driven quality and transformation and highlight the key features that comprise it. A perspective on the cloud transformation lifecycle, transformation levers, and transformation framework will be shared. At Cognizant, we have developed a transformation strategy to enable the migration of business critical workloads to cloud environments. The strategy encompasses a set of transformation levers across the cloud transformation lifecycle to enhance ...
Your job is mostly boring. Many of the IT operations tasks you perform on a day-to-day basis are repetitive and dull. Utilizing automation can improve your work life, automating away the drudgery and embracing the passion for technology that got you started in the first place. In this presentation, I'll talk about what automation is, and how to approach implementing it in the context of IT Operations. Ned will discuss keys to success in the long term and include practical real-world examples. Ge...
The challenges of aggregating data from consumer-oriented devices, such as wearable technologies and smart thermostats, are fairly well-understood. However, there are a new set of challenges for IoT devices that generate megabytes or gigabytes of data per second. Certainly, the infrastructure will have to change, as those volumes of data will likely overwhelm the available bandwidth for aggregating the data into a central repository. Ochandarena discusses a whole new way to think about your next...
So the dumpster is on fire. Again. The site's down. Your boss's face is an ever-deepening purple. And you begin debating whether you should join the #incident channel or call an ambulance to deal with his impending stroke. Yes, we know this is a developer's fault. There's plenty of time for blame later. Postmortems have a macabre name because they were once intended to be Viking-like funerals for someone's job. But we're civilized now. Sort of. So we call them post-incident reviews. Fires are ne...
Lori MacVittie is a subject matter expert on emerging technology responsible for outbound evangelism across F5's entire product suite. MacVittie has extensive development and technical architecture experience in both high-tech and enterprise organizations, in addition to network and systems administration expertise. Prior to joining F5, MacVittie was an award-winning technology editor at Network Computing Magazine where she evaluated and tested application-focused technologies including app secu...
CloudEXPO New York 2018, colocated with DevOpsSUMMIT and DXWorldEXPO New York 2018 will be held November 12-13, 2018, in New York City and will bring together Cloud Computing, FinTech and Blockchain, Digital Transformation, Big Data, Internet of Things, DevOps, AI and Machine Learning to one location.
CloudEXPO | DevOpsSUMMIT | DXWorldEXPO are the world's most influential, independent events where Cloud Computing was coined and where technology buyers and vendors meet to experience and discuss the big picture of Digital Transformation and all of the strategies, tactics, and tools they need to realize their goals. Sponsors of DXWorldEXPO | CloudEXPO benefit from unmatched branding, profile building and lead generation opportunities.
ICC is a computer systems integrator and server manufacturing company focused on developing products and product appliances to meet a wide range of computational needs for many industries. Their solutions provide benefits across many environments, such as datacenter deployment, HPC, workstations, storage networks and standalone server installations. ICC has been in business for over 23 years and their phenomenal range of clients include multinational corporations, universities, and small busines...
This sixteen (16) hour course provides an introduction to DevOps, the cultural and professional movement that stresses communication, collaboration, integration and automation in order to improve the flow of work between software developers and IT operations professionals. Improved workflows will result in an improved ability to design, develop, deploy and operate software and services faster.
Headquartered in Plainsboro, NJ, Synametrics Technologies has provided IT professionals and computer systems developers since 1997. Based on the success of their initial product offerings (WinSQL and DeltaCopy), the company continues to create and hone innovative products that help its customers get more from their computer applications, databases and infrastructure. To date, over one million users around the world have chosen Synametrics solutions to help power their accelerated business or per...
All in Mobile is a place where we continually maximize their impact by fostering understanding, empathy, insights, creativity and joy. They believe that a truly useful and desirable mobile app doesn't need the brightest idea or the most advanced technology. A great product begins with understanding people. It's easy to think that customers will love your app, but can you justify it? They make sure your final app is something that users truly want and need. The only way to do this is by ...
Authorization of web applications developed in the cloud is a fundamental problem for security, yet companies often build solutions from scratch, which is error prone and impedes time to market. This talk shows developers how they can (instead) build on-top of community-owned projects and frameworks for better security.Whether you build software for enterprises, mobile, or internal microservices, security is important. Standards like SAML, OIDC, and SPIFFE help you solve identity and authenticat...
The digital transformation is real! To adapt, IT professionals need to transform their own skillset to become more multi-dimensional by gaining both depth and breadth of a wide variety of knowledge and competencies. Historically, while IT has been built on a foundation of specialty (or "I" shaped) silos, the DevOps principle of "shifting left" is opening up opportunities for developers, operational staff, security and others to grow their skills portfolio, advance their careers and become "T"-sh...