DOJ concludes employment disparate impact rules unconstitutional

The Justice Department’s Office of Legal Counsel concluded that the EEOC’s disparate impact liability guidelines, which hold employers liable for policies with unintentional racial harm, are unconstitutional. The opinion cited the Supreme Court’s Allen v. Milligan decision, arguing that Title VII should not mandate equal outcomes but only address intentional discrimination, and proposed reforms to align disparate-impact claims with the Constitution’s colorblind principles.