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.
23 Articles
23 Articles
Mike Lee Learned Nothing From Trump Administration Openly Discriminating Against Mormons
Senator Mike Lee, your constant reminder that Supreme Court clerkships don’t necessarily signal intellectual accomplishment, took to social media to applaud a new Justice Department memo declaring that disparate impact liability is unconstitutional, despite being enshrined in over half a century of legal precedent and its explicit codification over 30 years ago. The new opinion took the Supreme Court’s shadow docket order allowing Alabama to imp…
DOJ and Thomas Sowell: Disparate Impact Is Often Unconstitutional – The American Spectator | USA News and Politics
In June 2026, the Department of Justice (DOJ) released an opinion arguing that the “[Equal Employment Opportunity Commission’s] Title VII guidelines are unconstitutional because they contemplate liability based on disparate effects alone, without regard to an employer’s likely intent, and pressure employers to engage in race-based decisionmaking. Properly understood, disparate-impact liability proscribes only those practices that reflect a signi…
DOJ warns EEOC its guidelines pressure employers to engage in racial discrimination * WorldNetDaily * by WND Staff
Source link (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
Trump Administration says Callais's Logic Applies to Title VII's Disparate Impact Provisions #ELB
The collateral damage of Louisiana v. Callais is spreading to employment discrimination. Relying on Callais, the Office of Legal Counsel (OLC) has issued a memo declaring unconstitutional the EEOC’s interpretive rules and guidance documents governing Title VII’s disparate-impact provisions. You… Continue reading The post Trump Administration says Callais’s Logic Applies to Title VII’s Disparate Impact Provisions appeared first on Election Law Bl…
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