DOJ finds EEOC guidelines on workplace discrimination unconstitutional
The opinion says EEOC guidelines push employers toward race-based decisions and could make disparate-impact claims harder to win.
- On Tuesday, the Justice Department's Office of Legal Counsel issued an opinion declaring EEOC disparate-impact guidelines unconstitutional. Acting Attorney General Todd Blanche said the ruling will "allow businesses to hire based on performance, restoring equal opportunities in the American workplace."
- The OLC opinion argues that historical EEOC interpretations function as a 'qualified racial-proportionality mandate' that coerces employers into race-based decisions. Assistant Attorney General Harmeet Dhillon previously claimed the theory encourages lawsuits challenging 'neutral policies' without evidence of intentional discrimination.
- Citing Allen v. Milligan, the opinion argues the Constitution is 'color-blind,' contending that disparate impact liability is unconstitutional because it divorces liability from intentional discrimination—a standard previously examined in Ricci v. DeStefano.
- EEOC Chair Andrea Lucas lauded the finding, saying it provides clarity on constitutional limits. The Justice Department indicated employers may now use aptitude tests and background checks without fearing discrimination claims based solely on demographic impact.
- This opinion marks the latest Justice Department attack on disparate impact, following a December rule ending such liability under Title VI of the Civil Rights Act of 1964. The shift reflects a systematic dismantling of this legal theory across federal agencies.
12 Articles
12 Articles
DOJ Rules EEOC Guidelines on Employment Discrimination Unconstitutional
The U.S. Department of Justice (DOJ) said on June 9 that Equal Employment Opportunity Commission (EEOC) guidelines on disparate-impact liability are unconstitutional because they pressure employers to make employment decisions based on race. That appraisal came in a new legal opinion issued by the DOJ’s Office of Legal Counsel (OLC), which provides legal advice to the president and the executive branch. Its opinions are considered binding within…
DOJ warns EEOC its guidelines pressure employers to engage in racial discrimination * WorldNetDaily * by WND Staff
(Photo by Joe Kovacs) The Department of Justice, pursuing President Donald Trump’s agenda to eliminate racism throughout the government, has issued a warning to another federal bureaucracy, the Equal Employment Opportunity Commission. The DOJ’s Office of Legal Counsel found that the EEOC’s agenda to address “disparate-impact liability” under Title VII of the Civil Rights Act is unconstitutional. The EEOC’s agenda actually “pressured employers to…
DOJ finds EEOC violated civil rights laws with guidelines that pressured employers to make race-based decisions
The Justice Department accused the EEOC of violating civil rights laws by issuing guidelines that effectively pressured employers to make race-based considerations in hiring and promotions.
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