While it’s true that the EEOC once played a leading role in recognizing that enforcing Title VII was impossible without disparate impact liability, the problem the White House/ DOJ have is that after that, the Supreme Court and Congress agreed.
So, either repeal the statute or admit you can’t.
The Justice Department accused the EEOC of violating civil rights laws by issuing guidelines that effectively pressured employers to make race-based considerations in hiring and promotions.
