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DOJ sues Minnesota to end affirmative action in hiring
The DOJ argued that hiring someone is a zero-sum game and therefore giving preference to someone invariably and necessarily discriminates against other prospective employees.
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Jeffin T. Kaleekal - Thu, 15, Jan 2026
- 01:10 EST
- 6
The seal of the U.S. Justice Department is seen on the podium in the Department's headquarters briefing room before a news conference with the Attorney General in Washington, January 24, 2023. / REUTERS/Kevin Lamarque/File Photo
The U.S. Department of Justice filed a lawsuit against Minnesota on January 14, 2026, challenging the state’s mandatory race- and sex-based affirmative action plans across all agencies. Assistant Attorney General Harmeet K. Dhillon stated that “discrimination is being packaged as affirmative action,” criticizing the requirement to consider affirmative action goals in every staffing and personnel decision.
The lawsuit, filed in the U.S. District Court for the District of Minnesota, alleges that this affirmative action mandate discriminates against, limits, and classifies employees and prospective employees on the basis of their race and sex in violation of Title VII of the Civil Rights Act of 1964.
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The DOJ argued that hiring someone is a zero-sum game and therefore giving preference to someone invariably and necessarily discriminates against other prospective employees.
Attorney General Pamela Bondi said in a statement, “Making hiring decisions based on immutable characteristics like race and sex is simple discrimination, and the Trump Administration has no tolerance for such DEI policies.”
Assistant Attorney General Dhillon also criticized the affirmative action program and said, "For far too long, courts have allowed employers to discriminate based on race and sex when it is packaged as ‘affirmative action."
She added, "The Supreme Court put an end to using race as a factor in college admissions through its Students for Fair Admissions v. Harvard decision. This case is the next logical step. Title VII protects all people from race and sex discrimination in employment. There is no exception that allows discrimination against employees who aren’t considered ‘underrepresented.’"
The U.S. Supreme Court has previously allowed affirmative action based on race and sex in hiring for job categories that were traditionally segregated, however, the DOJ argued that the earlier ruling is outdated and goes against both the text of Title VII and subsequent Supreme Court caselaw.
Attorney General Bondi certified the case as a 'matter of general public importance', providing for the case getting an expedited review by a three-judge district court and direct appeal to the United States Supreme Court.
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