Texas’ Mess Premature

Sherman & Howard L.L.C.
Contact

Back in November, we alerted you to Texas’ lawsuit against the EEOC over the EEOC’s Enforcement Guidance prohibiting categorical employer policies that preclude hiring convicted felons. Texas v. EEOC, No. 5:13-CV-255-C (N.D. Tex. August 19, 2014). Texas wanted the court to prevent the EEOC from issuing right to sue notices based on the Guidance. The court, however, has refused to act. Despite the EEOC’s public rhetoric and the EEOC’s own reliance on the Guidance in other actions around the country, the court ruled that Texas’ dispute with the EEOC was not ripe. All that had happened so far (to Texas) was one applicant’s charge of discrimination citing his felony conviction and the EEOC’s issuance of a right to sue letter to that applicant. In the court’s opinion, Texas hadn’t been injured yet. Fortunately, other courts have taken up the issue. See our post from April concerning EEOC v. Kaplan Higher Education Corp. et al, No. 13-3408 (6th Cir. April 9, 2014).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sherman & Howard L.L.C. | Attorney Advertising

Written by:

Sherman & Howard L.L.C.
Contact
more
less

Sherman & Howard L.L.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide