EEOC Pays the Price for Messing with Texas

There was a positive development this week in Texas v. EEOC.  The U.S. Court of Appeals for the 5th Circuit reversed and remanded the district court’s dismissal of Texas’ complaint challenging the EEOC’s guidance on the use of criminal histories for employment checks.   The Court ruled 2-1 that the state has standing to challenge the guidance,… Continue reading EEOC Pays the Price for Messing with Texas

EEOC Fights Over Guidance it Says Has No Legal Impact, Creates No Legal Obligations, and Causes No Injury

A new brief was filed by the EEOC in Texas v. EEOC that makes one wonder why the EEOC continues to spend a lot of time and money investigating and suing over guidance that it says has no legal impact, creates no legal obligations, and causes no injury. Texas v. EEOC, Texas is claiming that the EEOC’s… Continue reading EEOC Fights Over Guidance it Says Has No Legal Impact, Creates No Legal Obligations, and Causes No Injury

Texas suit against the EEOC tossed

The Texas suit against the EEOC over the Commission’s criminal guidance was dismissed for lack of subject matter jurisdiction.  U.S. District Judge Sam R. Cummings ruled that Texas requested “a premature adjudication in the abstract without any actual facts and circumstances relating to the employment practices at issue.”  Judge Cummings added that “[i]mportantly, Texas does… Continue reading Texas suit against the EEOC tossed

Texas-Sized Lawsuit Against the EEOC

In November 2013, as noted in the Dallas Business Journal, Texas Attorney General Greg Abbott [R] filed suit on Monday against the Equal Employment Opportunity Commission, saying its hiring guidelines limit employers from excluding convicted felons from employment. Those employers include the State of Texas… The article adds that ‘If state agencies choose to comply… Continue reading Texas-Sized Lawsuit Against the EEOC