The Department of Justice (DOJ) announced that the Equal Employment Opportunity Commission’s (EEOC) policies regarding 'disparate impact' are unconstitutional. This declaration was made in a 25-page opinion from the DOJ’s Office of Legal Counsel, which stated that the EEOC's policies, which could lead to racial discrimination lawsuits based on differing hiring outcomes among races, violate the Constitution. The opinion argues that these policies compel employers to make race-based decisions, contrary to constitutional principles.
The DOJ's opinion referenced the Supreme Court's ruling in Louisiana v. Callais, which established that states can create congressional maps without considering race. It also cited the 2009 Supreme Court case Ricci v. DeStefano, where the Court ruled against the New Haven Fire Department for discarding test results due to racial disparities.
Frank Ricci, the lead plaintiff in the Ricci case, expressed support for the DOJ's opinion, emphasizing the importance of merit-based hiring practices. The opinion has been well-received in conservative legal circles, with some suggesting it could lead to a Supreme Court case challenging disparate impact policies directly. The DOJ's stance aligns with recent Supreme Court trends that have struck down policies favoring equal racial outcomes over equal opportunity.