The U.S. Justice Department has initiated an investigation into the California Environmental Protection Agency (CalEPA) over claims regarding its hiring practices. The investigation centers on allegations that CalEPA has engaged in discriminatory practices based on race, color, sex, and national origin, a violation of Title VII of the Civil Rights Act of 1964. The DOJ’s Civil Rights Division, represented by Harmeet K. Dhillon, recently sent a letter informing CalEPA of these serious charges.
The issues in question arise from a document titled “Practices to Advance Racial Equity in Workforce Planning.” This document advocates for employing a “racial equity lens” at every stage of workforce development. It stresses that interview panels should strive to reflect a wide range of diversity, including racial, ethnic, and gender considerations. The document states, “Including different groups of people and perspectives in the hiring process, including people of color, can lessen the impact of in-group bias in hiring.”
Additionally, the guidelines encourage hiring managers to adopt “screening practices” that factor in “cultural competency and lived experience.” The document suggests broadening the criteria for assessing candidates to include these aspects, stating, “When forming the screening criteria, broaden the focus on applicable knowledge, skills, and abilities to include points in the Screening Criteria Scoring Key pertaining to cultural competency and lived experience.”
In her statement regarding the probe, Dhillon emphasized that “race-based employment practices and policies in America’s local and state agencies violate equal treatment under the law.” She warned that agencies which misuse protected characteristics in hiring face significant legal repercussions. This investigation reflects a growing scrutiny of state and local government practices that may infringe on federal anti-discrimination laws.
CalEPA has yet to issue a public response to the DOJ’s investigation. As the situation unfolds, the implications for their hiring practices and the broader impact on similar policies across other states remain to be seen.
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