DOJ Rules EEOC Guidelines on Employment Discrimination Unconstitutional

Acting Attorney General Todd Blanche said the guidelines themselves promote discrimination.

Acting Attorney General Todd Blanche testifies before the House Committee on Appropriations in Washington on June 2, 2026. Madalina Kilroy/The Epoch Times

The U.S. Department of Justice (DOJ) said on June 9 that Equal Employment Opportunity Commission (EEOC) guidelines on disparate-impact liability are unconstitutional because they pressure employers to make employment decisions based on race.

That appraisal came in a new legal opinion issued by the DOJ’s Office of Legal Counsel (OLC), which provides legal advice to the president and the executive branch. Its opinions are considered binding within the executive branch.