The Department of Justice has opened an investigation into the California Environmental Protection Agency (CalEPA) over allegations of discriminatory hiring practices tied to its diversity policies.
On Wednesday, the DOJ sent a letter notifying CalEPA that it is reviewing whether the agency “is engaged in a pattern or practice of discrimination based on race, color, sex, and national origin in violation of Title VII of the Civil Rights Act of 1964.”
“Our investigation is based on information that CalEPA may be engaged in employment practices that discriminate against employees, job applicants, and training program participants based on race, color, sex, and national origin in violation of Title VII,” wrote Harmeet Dhillon, Assistant Attorney General for Civil Rights at the DOJ.
The letter pointed to CalEPA’s “Practices to Advance Racial Equity in Workforce Planning” document, which encourages “applying a racial equity lens to every phase of workforce development.” The guidance also advises that “interview panels should reflect racial, ethnic, gender and other diversity as much as possible.”
The document states that “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.” It further directs hiring managers to use “screening practices” that account for “cultural competency and lived experience.”
“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,” the document reads.
In a press release announcing the probe, Dhillon said, “Race-based employment practices and policies in America’s local and state agencies violate equal treatment under the law. Agencies that unlawfully use protected characteristics as a factor in employment and hiring risk serious legal consequences.”
