Texas Attorney General Greg Abbott today filed a legal action challenging unlawful hiring guidelines issued by the Equal Employment Opportunity Commission (EEOC) that limit the ability of employers–including the State of Texas and its agencies–from categorically excluding convicted felons from employment.

Under Texas law, certain state agencies are prohibited from employing convicted felons and have enacted policies that require criminal background checks to ensure convicted felons do not hold positions of public trust. The hiring guidelines the EEOC adopted in 2012, however, prohibit Texas and its agencies from categorically excluding convicted felons for certain jobs.

As the State’s legal action explains: “If state agencies choose to comply with the EEOC’s interpretation, they not only violate state law, but also must . . . begin evaluating and hiring felons to serve in law enforcement, teach in local elementary schools, nurse veterans and the disabled, counsel juvenile detainees, and coach little league.”

“Once again, the Obama Administration is overreaching its legal authority by trying to impose hiring rules on states that violate state sovereignty and–in this instance–endanger public safety,” Attorney General Abbott said. “Texas has an obligation to enforce its absolute ban on hiring convicted felons for certain jobs such as state troopers, school teachers and jailers.”

The EEOC’s hiring guidelines also warn that the Commission will investigate and prosecute employers like Texas who use felony convictions as an absolute bar to employment. Finally, the EEOC’s guidelines encourage disqualified applicants to file discrimination claims for perceived violations of the guidelines.

According to the State’s legal action, the EEOC’s hiring guidelines are unlawful because they overstep the Commission’s statutory authority and improperly bully the State and its agencies into jeopardizing the safety of Texans. The damage inflicted by the EEOC’s unlawful guidance extends beyond the State as an employer and directly affects Texas businesses. State and federal statutes and rules require many industries and government entities to conduct background checks and to consider particular kinds of convictions in different ways.

Because the EEOC lacked statutory authority to adopt the hiring guidelines, the Office of the Attorney General challenged the Commission’s unlawful directive and asked the federal court for the following relief:
• a declaratory judgment that the State of Texas and its agencies are entitled to maintain and enforce state laws and policies that absolutely bar convicted felons–or a certain category of convicted felons–from government employment;
• a declaration that the EEOC cannot enforce its guidelines against the State of Texas–and an injunction that bars the EEOC from issuing right-to-sue letters to persons seeking to pursue this type of discrimination charge against the State of Texas or any of its agencies; and
• a judgment holding unlawful and setting aside the EEOC’s hiring guidelines.

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  • dd121

    When are our leaders in conservative states just going to ignore the leftist-stacked Federal courts and say this is our state and we’re going to do what is best for our citizens and not implement your marxist paradise?

    • Pro_Whitey

      That would be nice, but see what happened in the southern states that dared resist integration? We need to start from the top.

      • IstvanIN

        Federalization of the National Guard.

      • E_Pluribus_Pluribus

        That’s not strictly an apples-to-apples comparison. Desegregation advocates in the 50s and 60s had a large edge in “moral capital” over segregationists, especially with the monolithic print and broadcasting media of that era. It was plausible to believe black dysfunction and under-achievement could be substantially attributed to white racism/Jim Crow and that ending segregation would release the latent potential of an oppressed population.

        Who has the moral capital in battle over whether felons should be allowed to teach in public schools, etc?

        • Jesse James

          The question is does anybody still believe, ” It was plausible to believe black dysfunction and under-achievement
          could be substantially attributed to white racism/Jim Crow and that
          ending segregation would release the latent potential of an oppressed population.”?

          Other than looney tune leftist fanatics it should be pretty clear now.

          • ALl the black “Leaders” appeared as white men – only nature gave them a black skin. Suits, educated, well-behaved, peaceful – this is what America was presented. When the Southern Law enforcement treated them with force and they did not resist – millions of northern whites with no personal experience with blacks sympathized. That sympathy remains in many places!!! WHo is the new object of discrimination – Blue Collar WHite Males – they go to the back of the bus and are excoriated at every turn by the Left.. The Left knows if this sleeping giant were ever awakened with promises of ending AA and EEOC laws the Left are finished. This helps explain their zeal for amnesty – to capture a sufficient number of votes to stymie the BCWM vote.

        • MBlanc46

          Nicely put.

        • dd121

          Time has erased all doubt about that. So why aren’t the libs saying, “well we tried but the blacks just can’t be taught or civilized”?

        • True

      • Extropico

        Those Texans can call themselves “conservative” all they like while advocating for open borders. They are going to get progressive changes along with minoritization. And if oil ever stops providing them a subsidized income, they will feel such pain that people will leave Texas for California.

    • dukem1

      I’m no communist, but stuff like this gives even Marxists a bad name.
      Is there no end to the idiocy these diversity-mongers keep trying to shove down our throats?

      • bilderbuster

        No !
        The whole point is to overwhelm the public with this never ending nonsense.

    • archer

      If the so called “law” wasn’t passed by congress, is it really a “law”?

      • me

        Is anything coming out of DC and the SCOTUS a ‘law’, in the traditional and Constitutional/Bill Of Rights sense of the word?

  • Spartacus

    “…hiring felons to serve in law enforcement, teach in local elementary
    schools, nurse veterans and the disabled, counsel juvenile detainees,
    and coach little league.”

    ———————————————————————————————————————

    Why shouldn’t felons be allowed to teach in elementary schools ? This is just racism against blacks and browns.

    /sarcasm

    • IstvanIN

      Sure, have druggies work in Veteran Hospital Pharmacies, child molesters in elementary schools, sounds like the Feds to me.

      • me

        Yup. Our ‘government’ never wastes the opportunity for creating a crisis, so that they can demand more money from the taxpayer to fix. Also, it makes the ‘government’ look relevant and allows DC to continue with its Marxist agenda.

  • bigone4u

    One of my students at the university years ago was a blonde Aryan convicted bank robber. Nice guy. Stayed out of trouble as far as I know. One of the Amren regulars is also a convicted felon. Also a nice guy staying out of trouble. The problem is that many convicted felons are blacks who do not stay out of trouble. Thus, Obama’s dictatorial policy favoring black criminals should be overturned. If not, expect more pedophile teachers, rape, and theft due to government inefficiency.

    • IstvanIN

      I am a big believer in redemption and second chances but isn’t it better to not put people in the path of temptation?

      • dukem1

        Exactly. It’s common sense. Not that there is a lot of it in the Obama administration…but still.

      • In my case, there is no temptation anymore. I never had any sense of humor when it came to money, and I still don’t. My first job after my release from federal prison eventually had me running a restaurant. I handled very large amounts of money, but I was never inclined to steal. It wasn’t my money.

        My sin was wrath and not greed. The feds gave me a (mandatory) head-shrinker for three years after my release, and I think it did me a lot of good. Someone could call me names all day long. That doesn’t matter. Even my ex-father cheating me out of $625,000 doesn’t matter. It’s only money. He can keep it. If I ever see him in Colorado, I’ll do the job because he used to beat up my mother. He knows he will never meet his granddaughter.

        My last serious confrontation with another man involved an assistant manager driving over to work when he wasn’t scheduled, just to threaten me. I didn’t fight him, not even with guns or knives. I quit on the spot and drove home. I didn’t need the money, and I sure liked the idea of him having to wash the dishes and sweep and mop the floors. Somebody was going to have to do that, without me around. I bought a pair of 40s on the way home and watched a few movies. I haven’t had a regular job since then. I was required to work as a federal probation condition, but I refused.

        I think even wrath is manageable. I’m only angry at my ex-father, and not the whole world. Things that once bothered me don’t anymore. I didn’t find God; I just accepted my circumstances and learned to play the hand I was dealt.

        Redemption is amazing. My mother always has a lot of fix-it jobs for me when we visit her, so I do them. She says I remind her of her father. I would like to be officially “rehabilitated”, but I am not optimistic.

        • IstvanIN

          Temptation isn’t necessarily being around money, in your case temptation could be being around your father, over a long period of time it could cause you to “lose it”.

          I am glad you have made peace with yourself and may you live a long and happy life.

  • RHG

    Pure insanity going on here, what, is the federal government going to start demanding that paroled rapists be allowed to be police officers and school teachers? Then they wonder why states like Texas start talking about seceding from this craziness.

  • MBlanc46

    I have a half-brother who’s a convicted felon (drug charge) and I know how hard it’s been for him to get his life back on track. He’s finally done it, but with some rough patches (some self-inflicted). I’m all for everyone having the right to support him- or herself, but I don’t see that the Constitution gives Congress (from whom all government agencies derive their authority) to prevent people from using criminal history in making employment decisions.

    • I don’t have a problem with it, either. As an ex-con, my first post-release job was working at a Subway sandwich shop. I was eventually a store manager. When the place was sold, the new owner ran a check on me and fired me on the spot.

      My FBI file says “firearms expert, explosives expert, chemist, ex-mercenary”. I’m also on the Terrorist Watch List. In August 2013, I was offered a job as a university professor in China, which was revoked when I admitted my criminal history. I wish I had words to explain how much that hurt.

      Unfortunately, I completely understand that this “stuff” doesn’t have to be fair.

      In my own case, I was saved by my mother sticking up for me. I saved her from being beaten to death when I was 14 because she was my mother, and not because I expected anything in return. I called the cops, put my sister on the telephone with them, called him names and then waited at the bottom of the stairs with a machete. Twenty years later, she stuck up for me.

      I am glad your half-brother made it. When I was asked to explain return to civilian life, I said it was like 400 miles of bad road. Looking at me, you can’t tell, but I always see it this way, looking out.

      • me

        Yup. But, remember that we’re talking about BANTU felons–much worse than your average White felon, as you may know…

  • NM156

    Really? The EEOC will drag Texas officials into court and jail them after a conviction? The official response from TX should be “drop dead”. Go get ’em EEOC!

  • mrcan

    The Navy Yard shooting is a case in point. He should never have been given clearance.

  • me

    Absolutely! Even Obama avoids his fellow Bantu, much less the criminal-type (except for Holder). Bush Jr. had more Blacks in his administration than the current POTUS. I think it’s a ploy to create more crises, so that the ‘government’ can:
    -Get more tax money out of the working stiffs to solve a ‘government’-created crisis
    -Pass more and more draconian laws that are unconstitutional
    -Make themselves, aka the ‘government’, seem relevant and important
    -Stick it to ‘Whitey’ yet again

  • obot

    Maybe they can hire felons to serve as obama’s secret service detail.

  • itdoesnotmatter

    IRS has to hire unvetted applicants to handle your Obamacare health insurance information. Isn’t that just ducky? Everything there is to know about you and your finances will be accessible to convicted felons.

  • itdoesnotmatter

    BO probably had a red phone installed at his bedside to take emergency calls from felons who’ve been turned away from sensitive jobs.
    This administration is determined to scupper our country.
    Have you checked out his appointees overseeing “national security?”