What's happening here is that basic EEO (equal employment opportunity) is being gutted; the DoL is eliminating a basic tool for determining whether or not employment discrimination exists.
It's possible to argue over the merits of affirmative action -- targeted hiring to reduce the impact of prior discrimination -- but in this case, we're seeing a deliberate effort not to enforce basic legal provisions, dating back to the early 1960's, designed to prevent employment discrimination.
This shouldn't come as a surprise to anyone; a Washington Post article from 2005 (posted here at DU also) details how the Department of Justice has drastically decreased enforcement of EEO.
http://www.washingtonpost.com/wp-dyn/content/article/20... What good does it do to have the laws if they aren't enforced ?
Finally, there's something else to keep a lookout for – changes in The Uniform Guidelines on Employment Selection Procedures. This particular document (published in the Federal Register in 1978, lays out the precise methods used to determine whether disparate impact employment discrimination (1) exists. It would be soeasy to sneak in changes here. Changes in these administrative guidelines don’t require congressional approval. It was by a change in administrative guidelines that the DoL was able to eviscerate overtime provisions back in 2004 – something that few people noticed until it happened.
It's a highly technical document, but here it is:
http://www.dol.gov/dol/allcfr/Title_41/Part_60-3/toc.ht... (1) EEO suits can be brought on the basis of disparate treatment – there is some specific provision in an HR procedure that adversely impacts members of a protected class (race, gender, national origin, etc.). The alternative is disparate impact – there is no identifiable discriminatory component, but the proportion of protected class members hired is significantly lower than the proportion of majority group members hired. This is the type of employment discrimination that the big lawsuits are based on and it could very easily be redefined out of existence.