The Trump administration is attacking the Equal Employment Opportunity Commission—which helps maintain federal laws against workplace discrimination—for apparently violating the Constitution.
The Justice Department on Tuesday accused the EEOC of pressuring “employers to engage in race-based decisionmaking” and enforcing guidelines that “contemplate liability based on disparate effects alone, without regard to an employer’s likely intent.”
“[The EEEOC] creates a near insurmountable presumption [that] unlawful discrimination exists where there are any differences in outcomes in certain circumstances among different races, sexes, or similar groups,” the DOJ press release reads, mimicking the language commonly used by conservatives to attack any kind of program intended to address centuries of racial discrimination.
The DOJ’s Office of Legal Counsel attacked the EEOC’s consideration of “disparate impact,” holding employers liable for discrimination when policies disproportionately harm people of a certain race, ethnicity, or gender.
Now employers can use aptitude tests, criminal background checks, and other potentially problematic tools without fear of being charged with discrimination.
This story has been updated.
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