Court Enjoins EEOC From Treating Guidance on Use of Criminal Records as Binding
In August, the U.S. Court of Appeals in New Orleans granted an order enjoining the U.S. Equal Employment Opportunity Commission from treating its guidance on the use of criminal records as binding. The State of Texas had sued the EEOC over the guidance, claiming that the guidance was substantive rule and that the EEOC did not have the authority to issue substantive rules. Texas sought a declaratory judgment as well as the injunction. The EEOC issued the guidance in 2012…