Overview

Criminal Background check 15244698_LargeAs our readers are likely aware, ordinances have been adopted in recent years in numerous jurisdictions limiting an employer’s ability to inquire about a job applicant’s criminal background. These so-called  “Ban the Box” ordinances prohibit employers from conducting criminal background checks until after giving applicants conditional offers of hire. On Friday, September 23, 2016, the Fifth Circuit weighed in on the matter when it vacated its June 27, 2016 opinion that granted Texas standing to challenge the Equal Employment Opportunity Commission’s enforcement guidance on the timing and consideration of criminal background checks in the hiring process. The appellate panel remanded to the Northern District of Texas to consider whether the recent U.S. Supreme Court decision in U.S. Army Corps of Engineers v. Hawkes Co. dictates otherwise. A copy of the appellate panel’s decision may be viewed here. Continue Reading