- Posts by Joseph Ramesar
Law Clerk - Admission PendingJoseph Ramesar is a Law Clerk - Admission Pending - in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.
The EEOC’s Shift Away from Disparate Impact Liability
Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act prohibit employers from implementing facially neutral procedures that unintentionally discriminate against individuals based on their protected categories. The Equal Employment Opportunity Commission (EEOC) is the federal agency tasked with investigating claims of unintentional discrimination, called disparate impact.
According to an internal memorandum obtained by Bloomberg Law, the EEOC plans on closing all pending disparate impact discrimination charges based at the end of September 2025. Once these charges are closed, the EEOC is expected to issue right-to-sue letters allowing claimants to file their case in federal court. Charges that involve claims of both disparate impact and disparate treatment are likely to remain with the EEOC in normal course.
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Recent Updates
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- New $100,000 H-1B Fee Proclamation – Implications and Action Steps
- Video: FTC Backs Off Non-Compete Ban, Warns Health Care Employers - Employment Law This Week
- Artificial Intelligence and Disparate Impact Liability: How the EEOC’s End to Disparate Impact Claims Affects Workplace AI
- Reminder: Massachusetts Salary Range Disclosure Requirements Take Effect in October