Federal Enforcement of Disparate Impact Is Receding—the Data Relied Upon Is Not

Short summary

Federal enforcement of disparate-impact discrimination has receded, but the data obligations underlying such analysis remain in force. Agencies have repurposed the same statistical data to pursue intentional discrimination claims, which carry more serious allegations. Employers must continue collecting and retaining employment data despite the enforcement shift.

• •Disparate impact remains actionable under Title VII despite federal enforcement pullback
• •Agencies are repurposing adverse-impact statistics as evidence of intentional discrimination
• •Data retention obligations were explicitly preserved in agency rescission documents

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