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.

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