Back to blog
2 min readBy ACWI

Background Check Rules Are Blocked

A federal court has blocked enforcement of U.S. Equal Employment Opportunity Commission rules restricting criminal background checks of job applicants by employers in Texas. EEOC published the restrictions in 2012, called an “Enforcement Guidance” instead of…

A federal court has blocked enforcement of U.S. Equal Employment Opportunity Commission rules restricting criminal background checks of job applicants by employers in Texas.

EEOC published the restrictions in 2012, called an “Enforcement Guidance” instead of a rule, to avoid the very time-consuming multi-step process required to create a federal regulation.

The guidance sets forth the EEOC’s position that employers should carefully consider their use of criminal records in making hiring decisions in order to avoid running afoul of federal civil rights law.

Among other requirements, the guidance takes the position that in almost all circumstances, an employer must make an "individualized assessment" before disqualifying an individual for employment based on past criminal conduct

The district court hearing the case brought by the state of Texas did not issue an injunction on the substance or the content of the EEOC order but held instead that the guidance was actually a regulation, which had required public notice and comment.

Although the injunction itself is specific to the state of Texas, the court’s order opens the door to similar lawsuits against the EEOC in other states, and may encourage the commission to reconsider the guidance in this light.

The EEOC has continued to bring suits against employers in other states and there is no indication it intends to stop doing so. Its recently-issued five-year strategic plan calls for emphasis on this particular issue (AA, 1-15-18, P. 3).

Employers also should remain wary because states and localities throughout the United States have enacted their own “ban the box” laws that restrict how and when employers can obtain criminal background information on job applicants.

Originally published April 2, 2018 · updated March 22, 2023.

Related reading

Browse all posts →
4 min

ACWI Spotlight: October 2026

October Spotlight. Chris recaps year-end growth, the new member podcast with Prism Logistics, Jose's Penn State marketing partnership, and the November 3 members call — plus holiday sales, container volumes, family-business leadership, supply chain prices, driver safety, warehouse AI, a cargo-theft webinar, and a Spotlight on Lansdale Warehouse.

3 min

ACWI Spotlight: September 2026

Hello September. Chris recaps e-commerce growth, Jose's AI lead development, website and digital media updates, the new members podcast, and upcoming industry events — plus coverage on humanoid robots, AI-enabled enterprises, freight brokerage risk, B2B marketing, e-commerce expectations, transportation employment revisions, and a Spotlight on Prism Logistics.

4 min

ACWI Spotlight: August 2026

Welcome August. July was a great month for the team at ACWI. Chris recaps the August 4 quarterly members call, business development with Jose Larenas and Zach, industry coverage on sibling succession, supply chain volatility, broker liability, robotics, and last-mile growth, plus a Spotlight on Valley Distributing & Storage.