DOJ Declares EEOC Disparate Impact Unconstitutional

The United States — United States Department of Justice>>>'s United States — United States Office of Special Counsel>>> issued a legal opinion declaring the United States — United States Equal Employment Opportunity Commission>>>'s interpretation of 'disparate impact' liability under Title VII of the Civil Rights Act of 1964>>> unconstitutional. This opinion, signed by T. Elliot Gaiser>>> and Joshua Craddock>>>, argues that 'disparate impact' liability pressures employers into making race-based decisions to avoid lawsuits. While not a court ruling, it is expected to make it harder for employees to win discrimination claims. Acting Attorney General Todd Blanche>>> and United States — United States Equal Employment Opportunity Commission>>> Chair Andrea R. Lucas>>> supported the finding, stating it would restore performance-based hiring. Critics like Paul Young>>> and Jonathan Smith>>> argue that 'disparate impact' is crucial for civil rights enforcement and that requiring proof of discriminatory intent is contrary to Supreme Court law. This move is part of the Donald Trump>>> administration's broader effort against certain diversity, equity, and inclusion initiatives.