Key Highlights
The U.S. Department of Justice’s Office of Legal Counsel issued an opinion concluding that the Equal Employment Opportunity Commission’s (EEOC) current interpretation of disparate-impact liability under Title VII is unconstitutional because, in DOJ’s view, it allows liability based on disparate effects alone and pressures employers to engage in race-based decision-making.
The opinion follows the Administration’s broader effort to limit federal disparate-impact enforcement.
The opinion does not amend Title VII or eliminate private or state-law disparate-impact claims. In recent months, some states have taken action to bolster the viability of disparate-impact claims under state law.
What Is Changing?
On June 9, 2026, DOJ’s Office of Legal Counsel issued an opinion concluding that the EEOC’s disparate-impact guidelines under Title VII violate the Constitution’s Equal Protection Clause. According to the opinion, EEOC’s prior disparate-impact guidance… Read the complete article here...
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