(Photo by Joe Kovacs)

The Department of Justice, pursuing President Donald Trump’s agenda to eliminate racism throughout the government, has issued a warning to another federal bureaucracy, the Equal Employment Opportunity Commission.

The DOJ’s Office of Legal Counsel found that the EEOC’s agenda to address “disparate-impact liability” under Title VII of the Civil Rights Act is unconstitutional.

The EEOC’s agenda actually “pressured employers to engage in racial discrimination,” the ruling said.

“Despite trying to promote equality, EEOC’s disparate impact liability interpretation under Title VII actually fosters the very discrimination its guidelines seek to address,” said Acting Attorney General Todd Blanche. “This opinion will now allow businesses to hire based on performance, restoring equal opportunities in the American workplace.”

The Department of Justice has issued an opinion to the Equal Employment Opportunity Commission (“EEOC”) that its guidelines about disparate-impact liability under Title VII of the Civil Rights Act are unconstitutional. The Office of Legal Counsel found that EEOC’s guidelines… pic.twitter.com/qWveSjtvxO

— U.S. Department of Justice (@TheJusticeDept) June 9, 2026

The Department of Justice is accusing the Equal Employment Opportunity Commission (EEOC) of violating federal civil rights laws by PRESSURING employers to engage in racial discrimination.”

DOJ: “Under those guidelines, employers could be held liable for unequal hiring and… pic.twitter.com/zZnXDTDyTU

— RedWave Press (@RedWavePress) June 9, 2026

A report at the Hill said the practice was coercing employers to “take race into consideration.”

“The OLC opinion targets employer liability for disparate impact if their hiring practices disproportionately harm groups protected on the basis of race, gender or another protected class,” the report said.

“The fundamental problem is that disparate-impact liability tends to incent—and even coerce—employers to make race-based decisions to avoid liability or the threat of liability,” said T. Elliot Gaiser, assistant attorney general for OLC.

“By pressuring employers to take race-based actions in the name of proactively addressing potential statistical disparities, disparate-impact liability allows the government to engage in race discrimination indirectly.”

The move is the latest in the Trump administration’s campaign to target “diversity, equity and inclusion” agendas that foster and utilize racism.

“Under Trump, the EEOC has launched a number of investigations into major companies and law firms to determine if their hiring practices disadvantaged white people. It also rescinded its harassment guidance, pointing to President Trump’s executive order declaring there to be two sexes,” the report said.

EEOC chief Andrea Lucas said, “We believe this opinion will provide clarity regarding the Constitutional limits of disparate impact in employment discrimination matters.”

Disparate impact means the possible unfairness coming from policies that are neutral, but are alleged to disproportionately disadvantage protected classes based on race or sex. Often the claims are that hiring tests or background checks may exclude some groups.