The State of Texas sued the federal government in Lubbock federal court, and on Thursday, the court issued a ruling partly in favor of Texas and partly in favor of the federal government.
In short, the judge rejected Texas’ claim that it has an absolute right to always deny certain jobs to convicted felons. However, the EEOC cannot pursue certain protections for convicted felons until it first gives notice and allows for a comment period.
Texas claimed in its 2013 lawsuit that the Equal Employment Opportunity Commission overstepped its authority and was setting the stage to force Texas (and state subdivisions) to hire convicted felons for certain jobs like teachers and state troopers.
The EEOC responded that it simply created guidance that the categorical denial of certain jobs to all convicted felons might be discrimination. No enforcement action had been taken, according to the EEOC’s response in court records.
Senior U.S. District Court Judge Sam Cummings ruled that the EEOC acted within its authority except that it adopted guidance without public notice and a comment period.
Either side could take the case to the U.S. Court of Appeals for the Fifth Circuit.
In part the court ruled:
The Court declines to declare that Texas has a right to maintain and enforce its laws and policies that absolutely bar convicted felons (or certain categories of convicted felons) from serving in any job the State and its Legislature deems appropriate. There are certainly many categories of employment for which specific prior criminal history profiles of applicants would be a poor fit and pose far too great a risk to the interests of the State of Texas and its citizens. However, there may well be instances in which otherwise qualified job applicants with certain felony convictions in their criminal histories pose no objectively reasonable risk to the interests of the State of Texas and its citizens. To find otherwise would be illogical. Thus, a categorical denial of employment opportunities to all job applicants convicted of a prior felony paints with too broad a brush and denies meaningful opportunities of employment to many who could benefit greatly from such employment in certain positions.
