Court Rules for Texas Over EEOC in Case about Guidance on Use of Criminal Records by Employers

Written By ESR News Blog Editor Thomas Ahearn On February 1, 2018, a U.S. District Court ruled in favor of Texas in a lawsuit challenging the guidance issued by the Equal Employment Opportunity Commission (EEOC) that limits the ability of employers – including the state of Texas and its agencies – from categorically excluding convicted …

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Texas Church Shooting Suspect Passed Gun Background Check Despite Military Court-Martial for Assault

Written By ESR News Blog Editor Thomas Ahearn (Updated November 7, 2017) The deceased suspect in a mass shooting in a Texas church that left 26 people dead and 20 others wounded – which Texas Governor Greg Abbott has called “the largest mass shooting” in the state’s history – passed a background check required to purchase the …

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Hurricane Harvey Closes Courts in Texas and Louisiana

Written By ESR News Blog Editor Thomas Ahearn (Last Updated September 18, 2017) Along with tragic deaths, catastrophic flooding, and widespread damage caused by Hurricane Harvey – a Category 4 hurricane that made landfall near Corpus Christi, Texas, on August 25, 2017 – courts affected by the tropical storm in Texas and Louisiana were closed for several days …

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Texas Supreme Court Rejects Claim of Compelled Self-Defamation Over Failed Drug Test

Written By ESR News Blog Editor Thomas Ahearn On May 26, 2017, the Texas Supreme Court delivered an opinion rejecting a claim of “compelled self-defamation” and declining to “recognize a theory of compelled self-defamation in Texas” in a case where a worker who failed a random drug test filed a lawsuit claiming defamation since he would …

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Court Rules Texas May Challenge EEOC Criminal Background Check Guidance

  Written By ESR News Blog Editor Thomas Ahearn The U.S. Court of Appeals for the Fifth Circuit has ruled in Texas v. EEOC (No. 14-10949, 6/27/16) that the Lone Star state may challenge in court the U.S. Equal Employment Opportunity Commission (EEOC) enforcement guidance on the use of criminal background checks by employers, according …

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Austin TX to Ban the Box for Most Private Employers

  Written By ESR News Blog Editor Thomas Ahearn The Austin City Council has passed Ban the Box legislation to give people with criminal records a fair chance to find work by prohibiting most private employers in the City from conducting a background check into the criminal history of job applicants until after a conditional …

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Texas Attorney General Files Lawsuit against Alleged Diploma Mills

  Written By ESR News Blog Editor Thomas Ahearn The Texas Attorney General has filed a lawsuit seeking a permanent injunction against a Dallas-based group of alleged “diploma mills” that unlawfully marketed and sold fraudulent high school diplomas and transcripts in violation of the Texas Deceptive Trade Practices Act (DTPA).

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Diploma Mill Shut Down by State of Texas

Written By ESR News Blog Editor Thomas Ahearn Texas Attorney General Greg Abbott has resolved the State’s enforcement action against a purported diploma mill that falsely claimed to be an accredited educational institution, according to a press release on the Texas Attorney General website. The final judgment in State of Texas vs. Lincoln Academy is …

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New Texas Law Protects Employers Performing Background Checks and Encourages Employment of Ex-Offenders

A new law in Texas – H.B. 1188 – signed by Governor Rick Perry on June 14, 2013 will amend the Texas Civil Practice and Remedies Code so that “a cause of action may not be brought against an employer, general contractor, premises owner, or other third party solely for negligently hiring or failing to …

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Texas Bill Seeks to Prevent Private Criminal History Database Companies from Reporting Expunged Records

Legislation pending in in the state of Texas – Senate Bill 990 (SB 990) – would prevent private companies that compile criminal history information in a database that is available in a searchable format from maintaining or sharing information about expunged records once they have received notice that the record has been expunged. The bill …

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