University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Texas v. EEOC EE-TX-0469
Docket / Court 5:13-cv-00255-C ( N.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Case Summary
On November 4, 2011, the State of Texas filed a lawsuit in the U.S. District Court for the Northern District of Texas under the Declaratory Judgment Act (28 U.S.C. §§ 2201, 2002) and Section 10(a) of the Administrative Procedure Act (5 U.S.C. § 702) against the EEOC. Represented by its Office of ... read more >
On November 4, 2011, the State of Texas filed a lawsuit in the U.S. District Court for the Northern District of Texas under the Declaratory Judgment Act (28 U.S.C. §§ 2201, 2002) and Section 10(a) of the Administrative Procedure Act (5 U.S.C. § 702) against the EEOC. Represented by its Office of Attorney General, Texas sought declaratory and injunctive relief, alleging that the EEOC overstepped its authority under Title VII of the Civil Rights Act by issuing an Enforcement Guidance that purported to limit the extent to which employers, including Texas, could exclude felons from employment. Texas requested a declaratory judgment stating that the state and its agencies may legally impose a categorical ban on the hiring of criminals and that the EEOC lacks the authority to say otherwise.

On January 27, 2014, the EEOC filed a motion to dismiss. As of March 4, 2014, this motion has not yet been decided by the Court.

Jordan Rossen - 01/17/2014


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Issues and Causes of Action
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Issues
Plaintiff Type
State Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Equal Employment Opportunity Commission (EEOC)
Plaintiff Description The State of Texas
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
5:13-cv-00255-C (N.D. Tex.) 11/05/2013
EE-TX-0469-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 11/04/2013
EE-TX-0469-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cummings, Samuel Ray (N.D. Tex.)
EE-TX-0469-9000
Monitors/Masters None on record
Plaintiff's Lawyers Abbott, Greg (Texas)
EE-TX-0469-0001
D'Andrea, Arthur C. (Texas)
EE-TX-0469-0001 | EE-TX-0469-9000
Farrer, Richard B. (Texas)
EE-TX-0469-0001
Hodge, Daniel T. (Texas)
EE-TX-0469-0001
Howell, Dustin M. (Texas)
EE-TX-0469-0001
Mitchell, Jonathan F. (Texas)
EE-TX-0469-0001 | EE-TX-0469-9000
Oldham, Andrew S. (Texas)
EE-TX-0469-0001 | EE-TX-0469-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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