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DOJ Rejects Legal Theory That Pushed Employers Into DEI Quotas

This is not a minor technical correction. It is a thunderclap — a return to the text and original meaning of both Title VII and the Equal Protection Clause.

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The United States Department of Justice issued a “stunning” opinion, according to Berkeley Law dean Erwin Chemerinsky. He’s right, but it is probably more accurate to describe the opinion as stunning and brave.

What could the Department of Justice’s top-tier minds in their skunkworks, the Office of Legal Counsel (OLC), have done to elicit such an immediate reaction? OLC explained, in clear prose, that disparate impact violates the Constitution’s promise that everyone must be treated equally. Less than a week after the Supreme Court recommitted to our “colorblind constitution,” the DOJ doubled down in its major new opinion.

🔥Hot off the presses: @TheJusticeDept issued an opinion today explaining that disparate-impact liability under federal employment law is *unconstitutional*. This is an earthquake in federal civil rights law. If right, this is the foundation to overturn that pernicious regime. pic.twitter.com/IBa3htR1FG— Eric W. (@EWess92) June 9, 2026

🔥Hot off the presses: @TheJusticeDept issued an opinion today explaining that disparate-impact liability under federal employment law is *unconstitutional*. This is an earthquake in federal civil rights law. If right, this is the foundation to overturn that pernicious regime. pic.twitter.com/IBa3htR1FG

This new opinion boils down to OLC, DOJ, and the Equal Employment Opportunity Commission (EEOC), the Commission tasked with enforcing many civil rights laws, rejecting so-called “disparate impact” liability. That type of liability comes from a 1971 Supreme Court case called Griggs v. Duke Power Co. In that case, the court rejected the use of an........

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