The Department of Justice announced it opened an investigation into the City of Austin on Sept. 18, citing hiring practices that could’ve violated the Civil Rights Act of 1964.
In a letter to city officials, Harmeet Dhillon, assistant attorney general of the Civil Rights Division, wrote that the city’s Office of Equity and Inclusion may be violating the Civil Rights Act of 1964. The office was established to address discrimination and equal employment, according to its website. Dhillon wrote the office could promote hiring practices that break Section 7 of the law, which prohibits employment discrimination based on race, color, sex and national origin. She specifically mentions in the letter plans from the equity and inclusion office to help make the city “work using a racial equity lens.”
“The Department of Justice will not tolerate discriminatory race-based employment practices and DEI policies in Austin or other cities,” Dhillon said in a news release. “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.”
The letter points to guidance from the Office of Equity and Inclusion’s memorandum, which includes gathering employment demographic data to identify and eliminate “gaps in representation.” The plan recommends departments develop hiring strategies to best reflect city demographics. In a written statement, a city spokesperson affirmed they believe the city has not violated the Civil Rights Act.
“I feel strongly that the City of Austin is in full compliance with the law,” wrote Mayor Kirk Watson in a statement. “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.”
Dhillon assigned Acting Deputy Assistant Attorney General Eric Sell to conduct the investigation in the letter. Sell did not respond to multiple requests for comment.
Dustin Rynders, legal director of the Texas Civil Rights Project, said it is unlikely changes will come from the investigation, but if the DOJ finds anything they deem a violation, the city would either have to make modifications. Since the city maintains it is not violating the Civil Rights Act, Rynders said he finds it likely Austin would strongly defend itself if this scenario came up.
“The Trump administration will then have to decide (what) they want to prioritize,” Rynders said. “Was their only goal to get some press out of attacking the city of Austin? Or do they really want to also take that next step of filing a lawsuit to challenge the city of Austin? The lawsuit, based on the information we have at this time, would be baseless.”
