Gina Miller
November 12, 2013
Texas sues to stop Obama EEOC insanity
By Gina Miller

We know that enemies of the United States have commandeered our federal government, as well as many powerful positions throughout our nation. The breathtaking scope of criminal actions and impeachable offenses from Barack Obama (or whatever his name is), his administration, unelected, unaccountable federal agencies and his fellow travelers in Congress is truly mind-numbing. That they continue to get away with all of it is a testament to the powerful forces backing them and what I can only conclude is fear of opposing them from others in power who could stand up to the communist Obama machine, yet don't.

We are seeing assaults on our God-given liberties that we have not seen in the history of our nation. The pro-homosexual radicals are jamming their agenda through with Obama's blessings, and now, with the latest version of the slyly-named Employment Non-Discrimination Act (ENDA), they stand on the brink of killing our fundamental right to worship God, follow our conscience and conduct our business as we see fit. As Matt Barber notes in his latest column, these people have as their goal nothing short of outlawing Christian morality.

Besides the reprehensible ENDA, we have more insanity coming from Obama's Equal Employment Opportunity Commission (EEOC) in the form of an edict that the agency admits is not in accordance with federal law. In part, the EEOC states:

There is no Federal law that clearly prohibits an employer from asking about arrest and conviction records. However, using such records as an absolute measure to prevent an individual from being hired could limit the employment opportunities of some protected groups and thus cannot be used in this way.

It "could limit the employment opportunities of some protected groups"? Oh, you mean criminals? Felons? The dregs of society? Maybe those people should have considered their future limited employment opportunities before engaging in crime. Of course, by "protected groups," the EEOC means blacks, especially young black males, who just happen to disproportionately commit more crimes than the rest of the population.

Well, this nonsensical non-law law of the EEOC is not sitting well with employers or states, and on November 4th, the great State of Texas filed suit in Northern District Court in Lubbock, TX against Obama's EEOC to stop its mandate. From the Judicial Watch report:

At least one state has gone to court to fight the Obama administration's preposterous new regulation limiting employers' rights to ban hiring felons because it discriminates against minorities.

It's been an ongoing battle between a number of companies and the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the nation's workplace discrimination
[laws], for years. Under Obama the agency has dedicated extensive resources to go after businesses that check criminal background records to screen job applicants. In 2012 the EEOC officially adopted guidelines that limit employers' ability to exclude felons from jobs.

The agency has also sued companies for using the checks, claiming in federal complaints that they disproportionately exclude blacks and other minorities from hire. That violates Title VII of the Civil Rights Act, according to the Obama administration, which has pushed hard to deter companies from using criminal background checks to screen job applicants. Of interesting note is that the EEOC conducts criminal background checks as a condition of employment and credit background checks for most of its positions. For some reason, it's not discriminatory against minorities when the agency does it.

This week Texas fought back, suing the EEOC in federal court claiming that the guidelines against banning the hiring of felons endangers the pubic and encroaches on state sovereignty. The lawsuit says: "The State of Texas and its constituent agencies have the sovereign right to impose categorical bans on the hiring of criminals, and the EEOC has no authority to say otherwise." Texas also asserts that the EEOC's policy warning to investigate employers that use felony convictions as "an absolute bar to employment" conflicts with state law that prevents agencies from hiring felons.


Here again we have an unelected federal bureaucracy creating illegal, extra-congressional regulations, while unaccountable to the American people. I don't need to tell you how utterly stupid this EEOC regulation is. You can easily see the folly of our tyrannical federal government dictating to American employers and state agencies that they must not refuse to hire criminals.

Looking at these two issues, ENDA and this EEOC mandate, we are watching this lawless Obama administration fraudulently using homosexuals and convicted felons as pawns to strip the rights and freedoms away from the American people. Under the guise of "non-discrimination" edicts, our fundamental, God-given liberty is being destroyed.

I applaud Texas for pushing back against this EEOC outrage, but one major problem we face today is that our recourse through the federal court system is dwindling, due to the staggering number of leftist radicals who have been installed in it, especially since Obama's reign commenced. You may have seen a story from last week of Obama's sinister admission at a private Democrat fundraiser in Dallas that he and his administration are "remaking the courts." Oh, sure! The communists know that they must have their men on the courts in order to fully cement their lawlessness in the United States; after all, they can't have a complete communist revolution while there are still judges who uphold American law and the Constitution.

We will be watching this case to see whether or not this lawsuit against Obama's EEOC will succeed. On the surface, it would seem to be a slam-dunk win for Texas, not only on the plain old common sense legal side of things, but also because the EEOC's mandate violates state law hiring practices in Texas. While it's a plainly illegal EEOC dictate, I never assume rationality and lawfulness will prevail in our courts today. We'll see.

It's not just Texas, but all of the United States that could really use some major "declaratory and injunctive relief" from this criminal Obama administration.

© Gina Miller

 

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