EEOC’s Pretzel Logic On Felony Hiring Rule May Weaken Its Case

The EEOC seeks to keep businesses from outright bans on hiring felons, but in an ongoing lawsuit with Texas the agency may have undermined its own rules. After the Texas Department of Public Safety refused to hire a man convicted of unauthorized use of a motor vehicle, the EEOC gave the man a right-to-sue letter. Texas sued the EEOC, and Commission  sought dismissal, saying its April 2012 guidance was not a binding rule. That may weaken the EEOC’s case in the future if it hopes to continue enforcing the guidance. As Texas put it in a brief, EEOC claims the guidance is “not worth the paper it’s printed on—even though it urges other courts to defer to it.”