Justice Department probes California EPA over hiring policies

The Justice Department on Wednesday said it opened an investigation into the California Environmental Protection Agency, or CalEPA, for potentially discriminatory hiring practices. CalEPA’s guidance documents say it advocates for racial equity in hiring, promotion and retention, which could violate the Civil Rights Act of 1964, according to the Justice Department. That law says employers cannot use a person’s race, sex, or other protected characteristics as a factor in workplace decisions.

What did the agency’s guidance documents say? CalEPA’s guidelines include recommendations such as asking at least one question in hiring interviews about a candidate’s view of advancing racial equity. The California Air Resources Board, which falls under the state EPA’s jurisdiction, also uses a Racial Equity Framework for decision-making, according to the Justice Department. The framework document says the board was working to shift away from what it described as a culture of white privilege in order to affirm black lives.

Who’s leading the investigation? Justice Department official Eric Sell will head up the probe, according to a letter from Assistant Attorney General Harmeet Dhillon. Sell would soon contact the California agencies to discuss what information he needed for the investigation, she said.

Dig deeper: Listen to Elisa Palumbo’s podcast story on a controversial California childcare measure.