The Justice Department concluded Tuesday that a key Equal Employment Opportunity Commission (EEOC) interpretation of federal employment law is unconstitutional, arguing that it pressures employers to consider race when making hiring decisions.
The opinion, issued by the Justice Department’s Office of Legal Counsel (OLC) and challenges the concept of disparate-impact liability under Title VII, which allows employers to face legal consequences when neutral employment policies disproportionately affect groups protected by race, sex or other classifications.
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