I've learned something about the Republicans from living in Texas. They are super dirty, really crooked, underhanded sob's. I know first hand how businesses use these background checks to discriminate against blacks. Businesses go back 10, 15 and 20 years, even on positions paying minimum wage to try and find a reason not to hire a black person (even using misdemeanor offenses against them) when they have whites or hispanics up for the same job.
The EEOC isn't stupid. Neither is the Federal Government. They see the data on these background checks and know they are being used in a manner they were not intended. Barring people (primarily blacks) from positions when they have basic violations. I've personally seen this happen..
This guy, in typical RepubliCON fashion will challenge this in the courts on some "Noble" grounds, while knowing deep down businesses are using these checks to discriminate.
Will someone please research how Texas undercuts every Federal protection law created to protect workers, minorities, women, immigrants. And then these TX politicians will say, when someone gets railroaded by a business through discrimination, or what have you - "Tell them to Get a Lawyer and Go Through the Courts". Knowing and not caring many of those targeted for exploitation are POOR and can't afford legal representation and these Texas Courts are filled with Right Wing Republican judges who are ideologically against blacks, immigrants, and women even challenging abuse in the courts.
Texas is a big state, with a big reputation, so it’s fitting that this case is a big deal. The suit hits hard, claiming that EEOC guidelines unlawfully limit the ability of employers – including the State of Texas and its agencies – from excluding convicted felons from employment.
The suit is the first direct challenge to the EEOC’s controversial criminal background enforcement guidance, which went into effect in April 2012. For those who follow EmployeeScreenIQ’s blog, the EEOC guidance on criminal background checks has been a frequent topic.
Interestingly, Texas was not one of the states that joined in the recent letter to the EEOC from nine (9) state Attorney’s General that protested the guidance. However, in a similar vein, the Texas complaint challenges the EEOC’s statutory authority under Title VII to improperly “bully” the State and its agencies at the expense of the safety of Texans.
Texas law vs. EEOC guidance
The suit points out that under Texas law, both state agencies and private employers are prohibited from hiring convicted felons or certain types of ex-offenders for jobs that require high levels of security and public trust. The persuasive argument is that the EEOC’s guidance is harmful, damaging to both the state and private employers who are required to conduct background checks under state and federal law.
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.”
In the press conference, Texas Attorney General Abbott got political, saying this:
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. Texas has an obligation to enforce its absolute ban on hiring convicted felons for certain jobs, including state troopers, school teachers, and jailers.”
What Texas wants
The State of Texas is pushing back — taking issue with the EEOC’s approach of sue first and sort out later, which it says simply encourages disqualified applicants to file discrimination claims in situations where they are simply not qualified. Whether other states will jump into the fray remains to be seen.
The complaint itself asks 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;
A judgment holding unlawful and setting aside the EEOC’s hiring guidelines.
I will be tracking this one closely — as will employers in Texas and across the U.S.
This was originally published on the EmployeeScreen IQ blog.
Angela Preston is vice president of compliance and general counsel, for EmployeeScreenIQ. Angela has broad industry experience including more than 20 years as a licensed attorney and 12 years as a leader and expert in the background screening industry. She has extensive expertise in employment law, privacy law, EEO law and the Fair Credit Reporting Act. Contact her atapreston@employeescreen.com .
