Texas sued the federal government in November saying recent EEOC rules might force the state to hire convicted felons as teachers or even DPS troopers. The EEOC responded in court records that the EEOC adopted guidance and not a final rule.
“Texas cannot demonstrate the existence of a final agency action,” lawyers for the federal government wrote. “The Guidance is just that – guidance.”
Specifically the guidance is that conviction for a felony must be considered on a case-by-case basis and cannot be an automatic disqualifier in hiring. But the EEOC said it has not enforced the guidance.
U.S. District Court Judge Sam Cummings in Lubbock agreed – saying “the injury is speculative and may never occur.”