DOJ Opinion Finds EEOC Disparate Impact Liability Guidelines Unconstitutional

Short summary

The DOJ issued an opinion finding EEOC guidelines on Title VII disparate impact liability unconstitutional, arguing they impose liability based on disparate effects alone without regard to employer intent. The opinion proposes three corrections, including lowering the business necessity defense and shifting burden of proof to plaintiffs. This aligns with the Trump administration's Executive Order directing federal agencies to stop enforcing disparate-impact liability.

• •DOJ finds EEOC disparate impact guidelines unconstitutional under Title VII
• •Proposes lowering business necessity defense and shifting burden to plaintiffs
• •Aligns with Trump administration's disparate impact liability enforcement moratorium

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