DOJ investigating city of Austin for discriminatory 'DEI' hiring practices

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(The Center Square) – The Department of Justice has launched an investigation into the city of Austin for potentially discriminatory employment practices as a new independent initiative has begun tracking the city’s “rogue criminals, prosecutors, and politicians.

At issue is the city of Austin’s Office of Equity and Inclusion, Equity Division, which states that it “works across all City departments . . . to build capacity and leadership in working from a racial equity lens.” 

The Equity Division publicly promotes city guidance recommending “clear racial equity expectations regarding hiring,” applying “stronger racial equity criteria to the design and execution of executive-level searches,” and using “racial equity tools” that are “designed to integrate explicit consideration of racial equity in decisions, including policies, practices, programs and budgets,” according to its website. 

Assistant Attorney General Harmeet Dhillon, who leads the DOJ’s Civil Rights Division, said the DOJ has launched an investigation “to determine whether the City of Austin is engaged in a pattern or practice of discrimination based on race, color, sex or national origin in violation of Title VII of the Civil Rights Act of 1964.”

“The Department of Justice will not tolerate discriminatory race-based employment practices and DEI policies, in Austin or other cities,” Dhillon said. “Such practices are illegal and un-American, and we will vigorously protect equal opportunity and hold accountable those who seek to perpetuate vestiges of outlawed discrimination.”

She did so as the “Austin Justice” initiative has been publicizing examples of what it argues are discriminatory practices. Austin city officials have “been quietly using tax dollars to fund race-based hiring,” it alleges, citing Austin’s Equity Action Plan. The plan instructs city departments to “identify job categories not reflective of City demographics” and “develop and implement strategies to eliminate the gaps” in representation. 

“This explicitly encourages adjusting hiring practices to achieve certain racial outcomes – a practice that federal courts have found unlawful when it goes beyond outreach or recruitment goals,” the initiative argues. 

It also points to Austin’s Equity Division, arguing its hiring, budgeting and other policies “embeds race as a factor in decisions affecting taxpayer-funded positions.” 

The initiative also published a list of city employees by name and their salaries, claiming, the “Austin city government spent $1.9 million on DEI salaries in 2023.”

It cites job postings for senior level positions that require candidates to “use an equity lens and framework to create inclusive, diverse, and safe workplaces.” Job descriptions appear to indicate “that advancing a specific DEI agenda is a job requirement – potentially excluding candidates who disagree with race-conscious practices,” the initiative says. 

The initiative also cites city policy of departments being flagged for not being “racially representative,” citing a “City Auditor’s 2024 Workforce Diversity Special Report.” The report states that HR staff are tasked with “proactively identify[ing] departments whose racial and ethnic demographics are the least representative of the community” and taking action in response, the initiative argues, posting screenshots. 

“This means city staff are actively tracking racial numbers and pressuring certain departments to change hiring outcomes,” the initiative says. It also alleges many taxpayer-funded programs in Austin “explicitly prioritize” Black, Indigenous and other “people of color” BIPOC applicants.

In response, Austin Mayor Kirk Watson said the city “is in full compliance with the law. Our employment practices assure highly qualified public servants who care deeply about our entire community and bring their unique characteristics to the jobs they do. They make Austin a better place to live.”