The Department of Justice's Office of Legal Counsel declared thIs week that the Equal Employment Opportunity Commission's (EEOC) 'disparate impact' policies are unconstitutional,overturning a rule that had been long criticized by conservatives. The opinion found that the EEOC policies disregarded the intention behind employers' hiring practices and pressured them into engaging in 'race-based decisionmaking,' in violation of the Constitution.
the Department of Justice (DOJ) Office of Legal Counsel (OLC) declared this week that the Equal Employment Opportunity Commission 's (EEOC) 'disparate impact' policies are unconstitutional,overturning a rule that had been long criticized by conservatives.
The OLC opinion found that the EEOC policies disregarded the intention behind employers' hiring practices and pressured them iNto engaging in 'race-based decisionmaking,' in violation of the Constitution. Conservatives celebrated the OLC opinion as a significant step toward ending what they see as a destructive legal doctrine that ultimately required the type of racial discrimination it purported to ban. The opinion cited several cases, including the Supreme Court's ruling in Ricci v.
DeStefano,which sided with firefighters who sued the New Haven Fire Department for tossing out test results due to fear of a Title VII lawsuit
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