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Implicit bias occurs when individuals make judgments about people based on gender, race or other prohibited factors without even realizing they’re doing it.
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Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
The state of Texas is able to mount a challenge to the Equal Employment Opportunity Commission's (EEOC's) Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, according to the 5th U.S. Circuit Court of Appeals.Many Texas state agencies maintain rules barring the hire of convicted felons, felons convicted of particular categories of felonies or persons convicted of particular misdemeanor offenses. The rules apply categorically to all applicants—if an applicant has been determined to be guilty of a covered offense, the applicant is barred from employment without regard to the particular circumstances that surround the applicant's conviction for that offense. When the EEOC published the enforcement guidance in 2012, it articulated a new standard for criminal background checks that the agency intended to apply to all public- and private-sector employers nationwide. The guidance generally indicated that an employer's categorical exclusion of individuals with particular criminal convictions might violate Title VII if it had a disparate impact on particular protected classes. The enforcement guidance also identified two ways for an employer to show that a challenged exclusion was permitted as being job-related and consistent with business necessity:
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