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In June, the U.S. Justice Department’s Office of Legal Counsel (OLC) issued an Opinion calling into question the concept of disparate impact liability under federal law. Under Title VII of the Civil Rights Act of 1964 as amended in 1991, disparate impact liability is triggered if a neutral employment practice disproportionately harms a protected class. The Opinion concluded that certain guidelines maintained by the U.S. Equal Employment Opportunity Commission (EEOC) are unconstitutional because they are grounded in disparate impacts alone without sufficient regard to employer intent.
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Recent Updates
- Watch: Beyond the EEOC - the Widening Divide in Disparate Impact Enforcement - Employment Law This Week
- The Death of Disparate Impact? What Recent DOJ Guidance Signals to Employers
- Watch: The NLRB Is No Longer Independent—What Employers Need to Know - Employment Law This Week
- Defunding DEI Hits a Legal Wall: Courts Shield Federal Funding Recipients from Biased Artificial Intelligence (AI) Overreach
- New York Legislation Watch: Five Bills Employers Should Have on Their Radar