Trump Administration Argues Supreme Court Voting Rights Decision Should Apply to Employment Discrimination Law
The Trump administration's Office of Legal Counsel released an opinion arguing that the Supreme Court's recent decision weakening the Voting Rights Act should also apply to federal employment discrimination law, potentially making it harder for workers to prove discrimination. The opinion draws parallels between the Court's ruling in Louisiana v. Callais and the "disparate impact" framework used in employment discrimination cases, both of which allow plaintiffs to prevail without proving intentional discrimination. The argument could significantly weaken civil rights protections if adopted by courts, as it would require plaintiffs to prove intentional discrimination rather than showing discriminatory effects.
The Trump administration's Office of Legal Conduct, headed by T. Elliot Gaiser (a former clerk to Justice Samuel Alito), released an opinion arguing that the Supreme Court's Louisiana v. Callais decision—which repealed a 1982 Voting Rights Act amendment—should logically extend to employment discrimination law. The Callais decision eliminated the "results test" that allowed voting rights plaintiffs to challenge laws with discriminatory effects without proving racist intent. Gaiser's opinion argues the same logic should apply to the "disparate impact" framework in employment law, which similarly permits discrimination claims based on effects rather than intent. If adopted by courts, this would require employment discrimination plaintiffs to prove intentional discrimination, significantly raising the bar for civil rights cases. The administration has already begun applying Callais to other regulatory areas, including Department of Transportation rules, suggesting a broader effort to reshape civil rights enforcement across the executive branch.
What's missing
The article does not provide the specific text or full details of the Office of Legal Counsel opinion itself, nor does it include responses from civil rights organizations, legal scholars, or the Biden administration's position on the matter. The article also does not clarify whether this opinion is binding or merely advisory guidance for executive branch officials.
What different sources said
- VoxLeft
The next victim of the Supreme Court’s voting rights decision will be workers
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