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In a minority staff report released Nov. 24, 2014, members of the Senate Health, Education, Labor and Pensions Committee criticized the EEOC's failure to seek public comment before issuing “controversial” guidance that “impacts employers in every industry.”5 Texas Attorney General Greg Abbott (R) has challenged the guidance in federal court, asserting that it “expressly purports to preempt state law no-felons policies, like those required by Texas law.”6 However, while employers may not be able to include “ban the box” questions on a job application, if the specific questions can be interpreted as prohibited by the agency's revised guidance, the EEOC's Carol Miaskoff told Bloomberg BNA, the employer can still ask about criminal background or perform a criminal background check later on in the hiring process. “We cannot tell employers that they cannot do background checks at all, only that they cannot do them or use the information in a discriminatory manner,” said Miaskoff, acting associate legal counsel at EEOC's headquarters in Washington McWilliams, ex parte U.S. Supreme Court Transcript of Record with Supporting Pleadings http://ibanezdecoracion.com/library/mc-williams-ex-parte-u-s-supreme-court-transcript-of-record-with-supporting-pleadings. For instance, the English parliament has never defined murder, never laid down that you must keep your contracts, or pay compensation for damage unlawfully caused to others. Since such definitions and rules are necessary, courts and lawyers can find them only in earlier caselaw. And since it would be absurd and unfair if judges could re-make the basic law of murder or of contract in any case before them, a rule of 'precedent' binds them to the law as declared by higher courts in their jurisdiction An Introduction to the read epub read epub.

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