This webpage contains resources for job applicants and employees with an arrest or conviction record, and employers who are considering whether to hire them. The main issue for employees seeking to claim discrimination is whether use of the background check is true blanket or only selective.In employment, a person cannot be discriminated against in employment because of a "record of offences. A concise guide for Texas employers to the recent EEOC rules regarding criminal background checks. Although nondisclosure could be granted, government agencies will aways be able to see that background. Employers have a right to see an individual's criminal record before hiring them. However, that right has several key limitations. Does Texas allow criminal background checks of employees? Texas law doesn't limit employer use of criminal records, unless they have been expunged. Criminal background information in the hiring process.