DOJ says equal opportunity officials pressured employers into race-based discrimination
reason.com
The DOJ now claims federal equal-opportunity officials used disparate impact theory to pressure employers into the very race-based discrimination the law was meant to stop.
Disparate Impact TheoryPrincipal-Agent ProblemUnintended ConsequencesCivil Rights Law
Theory Briefing
- Disparate impact theory holds employers liable when neutral hiring practices produce racially unequal outcomes, even without any discriminatory intent.
- The DOJ's new position argues that enforcing disparate impact rules pushed employers to make explicitly race-conscious decisions to avoid liability.
- The case puts two civil rights principles in direct tension: eliminating discriminatory outcomes versus prohibiting race-based decision-making.
- How far disparate impact liability can legally go without itself mandating discrimination is now the live question at the center of the dispute.