DOJ Finds EEOC Violated Civil Rights Laws With Guidelines That Pressured Employers to Make Race-Based Decisions

Updated on: June 9, 2026 / 3:33 PM EDT / CBS News

DOJ Finds EEOC Violated Civil Rights Laws With Guidelines That Pressured Employers to Make Race-Based Decisions

TL;DR

  • Justice Department accuses EEOC of violating civil rights laws with guidelines pressuring race-based hiring and promotions.
  • Legal opinion declares "disparate impact" liability unconstitutional, arguing it incentivizes race-based decisions by employers.
  • Employers may now use aptitude tests, background checks, and other metrics without fear of discrimination claims based solely on demographic impact.
  • Acting Attorney General Todd Blanche states this opinion will allow businesses to hire based on performance.
  • EEOC Chair Andrea Lucas supports the opinion, believing it clarifies constitutional limits of disparate impact.
  • Former Civil Rights Division lawyers disagree, emphasizing disparate impact as a vital tool against discrimination for over 50 years.
  • The Justice Department previously ended disparate impact liability under Title VI of the Civil Rights Act of 1964.