Kathryn Palamountain and Gerald Maatman comment on the brief at Risk Management Monitor. They note that it is a “must read for employers” and further comment,  “In defending against Texas’ case, the EEOC may have compromised future efforts to enforce its ‘guidance’ against employers in Texas and other jurisdictions. To the extent the EEOC attempts to rely upon its 2012 statements as the basis for prosecuting disparate impact cases focused on criminal background check practices, particularly in cases where the EEOC alleges that an employer willfully violated Title VII, employers need only turn to the EEOC’s representations to the U.S. District Court for fodder in their own defense.”