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Wednesday, September 18, 2019

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Fifth Circuit decides EEOC’s Enforcement Guidance on Considering Criminal Records in Employment Decisions is Overreaching!

Fifth Circuit decides EEOC’s Enforcement Guidance on Considering Criminal Records in Employment Decisions is Overreaching!

The Fifth Circuit determined that the EEOC’s guidance on considering arrest and conviction records in employment decisions amounts to a substantive rule and the agency doesn’t have the authority to create such a rule. Furthermore, the Fifth Circuit cited that the EEOC ran afoul of the Administrative Procedure Act by failing to provide notice to the public or allowing an opportunity to comment. JD Supra published a summary of the decision here, and this article by Orrick Employment Law and Litigation provides a detailed explanation of the ruling.

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This is not legal advice, for legal advice please seek legal counsel.

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