The U.S. Equal Employment Opportunity Commission’s (EEOC) guidelines regarding disparate impact liability under Title VII of the Civil Rights Act of 1964 are inconsistent with the statute and raise serious constitutional concerns, the U.S. Department of Justice said in an opinion letter issued on June 9, 2026.
Quick Hits
The DOJ issued an opinion finding that the EEOC’s guidelines on disparate impact liability under Title VII are unconstitutional, reasoning that they impose liability on employers based on disparate effects alone without regard to intent.
The DOJ’s opinion emphasizes that the burden of proof regarding the unreasonableness of an employment practice and its causation of disparities lies with plaintiffs, rather than employers.
The DOJ also found the EEOC’s guidelines on validation studies and voluntary affirmative action plans inconsistent with Title VII, and in the DOJ Office of Legal Counsel’s view, the Constitution.
The DOJ’s Office of Legal Counsel (OLC) concluded… Read the complete article here...
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