EEOC Says Texas Can't Sue Over Background Check Advice

Law360, New York (January 28, 2014, 5:24 PM EST) -- The U.S. Equal Employment Opportunity Commission on Monday asked a federal judge to toss the state of Texas' suit challenging the agency's guidance on the use of criminal background screens in hiring, saying the injury alleged is “illusory” and the state's claims are not ripe.

In its motion to dismiss, the EEOC argues that the court lacks jurisdiction and that the timing of the suit presents insurmountable problems for the state's case.

“They say timing is everything,” the EEOC's motion said. “And in this case, timing...
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Case Information

Case Title

State of Texas v. EEOC et al

Case Number



Texas Northern

Nature of Suit

Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision


Sam R Cummings

Date Filed

November 4, 2013

Government Agencies

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