In November Texas sued the EEOC and U.S. Attorney General Eric Holder saying the federal government would force employers, including the State of Texas, to hire convicted felons. The lawsuit said the state would have to consider such persons for employment as DPS Troopers, jailers and school teachers.
Earlier this month the EEOC argued that the lawsuit should be thrown out. The EEOC said it did not create any hard-and-fast rules concerning the hiring of felons.
“The Guidance is just that – guidance,” lawyers for the EEOC wrote.
On Friday Texas responded, saying, the EEOC has already enforced felon hiring as a rule. Texas cited the Cincinnati Public School System as example of EEOC enforcement.
The Texas response also said, “Now that it is the one on defense, however, the EEOC cannot run away fast enough from its Rule. Defendants argue that the Felon-Hiring Rule is not worth the paper it’s printed on — even though it urges other courts to defer to it.”
Texas’ response also said, “Texas has the right to categorically bar all felons from employment by the Department of Public Safety — and EEOC has no right to use ‘frivolous’ and ‘groundless’ allegations of racism to justify abusive investigations…”
EverythingLubbock.com will provide an update when the judge decides if the lawsuit can continue.