This is huge and deserves a front page victory lap:
In an important victory for the principle of colorblind meritocracy, the Justice Department has issued an opinion declaring the doctrine of disparate impact, which for many years has encouraged employers to discriminate in pursuit of “diversity” objectives, not only not required under Title VII of the Civil Rights Act, but altogether unconstitutional.
The Office of Legal Counsel has directed its finding at the Equal Employment Opportunity Commission (EEOC), the government agency tasked with rooting out race and sex discrimination in the workplace, and reverses one of the most pernicious doctrines in U.S. law: the idea that disparities in outcomes should be presumptively treated as discrimination.
Disparate impact liability has undergirded much of the left’s legal push to twist the CRA into a tool that practically requires some forms of racial discrimination in favor of favored groups. For example, disparate impact was behind the lawsuit launched by the Biden administration’s EEOC against the gas station grocery chain Sheetz, punishing the company for merely disfavoring those with criminal backgrounds in their hiring process. According to the logic of disparate impact, because black and Native American applicants were more likely to have criminal convictions and be screened out by Sheetz, the process was deemed discriminatory, even though it is implementing a completely racially neutral standard.
Professor of law
@GailHeriot wittily summarized the practical effect of disparate impact on employment law in her article titled“Title VII Disparate Impact Liability Makes Almost Everything Presumptively Illegal.”
This is more than an obscure term of art; it’s been the legal embodiment of the push the left has made for decades to force American institutions to engage in racial discrimination against job and university applicants who come from supposedly “privileged” groups, like being white, male and/or Asian. It’s the legal enforcement arm of the DEI empire, applied arbitrarily in a way that made corporate America terrified of having “too many” disfavored white men on their teams.
It has been responsible for a large part of the rise in the kind of hard discrimination against whites in many fields documented by Jacob Savage’s viral
@compactmag essay “The Lost Generation” and
@realJeremyCarl’s book The Unprotected Class.
Victims of discrimination in the workplace have at last found an EEOC dedicated to real, colorblind justice under the Trump administration and the chairmanship of Andrea Lucas. The DOJ has launched what is likely only the first of several lawsuits against employers for blatantly unlawful racial discrimination against The New York Times for passing over a job candidate because of the color of his skin.
Disparate impact is contrary to the letter of the 1964 Civil Rights Act, completely oppositional to the principle of equality under the law enshrined in the 14th Amendment, and offensive to the sense of basic fairness the vast majority of Americans, including many Democrats, hold dear (implementing it into the state constitution failed even in California).
In the memorable words of Chief Justice Roberts in Parents Involved in Community Schools v. Seattle School District No. 1, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” The opinion issued by the Department of Justice Tuesday makes this American ideal one step closer to reality.
The Department of Justice has issued an opinion to the Equal Employment Opportunity Commission (“EEOC”) that its guidelines about disparate-impact liability under Title VII of the Civil Rights Act are unconstitutional. The Office of Legal Counsel found that EEOC’s guidelines pressured employers to engage in racial discrimination.
"Despite trying to promote equality, EEOC's disparate impact liability interpretation under Title VII actually fosters the very discrimination its guidelines seek to address," said Acting Attorney General
@DAGToddBlanche. "This opinion will now allow businesses to hire based on performance, restoring equal opportunities in the American workplace."
🔗:
justice.gov/opa/pr/justice-d…