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National Law Review
National Law Review
6/16/2026
DOJ Concludes EEOC Disparate-Impact Guidelines Violate the Constitution

DOJ Concludes EEOC Disparate-Impact Guidelines Violate the Constitution

Short summary

The DOJ concluded that the EEOC's disparate-impact guidelines violate the Equal Protection Clause by creating liability based on statistical disparities alone, narrowing federal discrimination standards. However, this conflicts with state laws moving to strengthen disparate-impact protections, forcing employers to navigate competing compliance obligations across federal and state jurisdictions.

  • DOJ narrows EEOC disparate-impact liability under Title VII
  • Reduces circumstances where statistical disparities alone create discrimination liability
  • Creates potential conflict with state laws moving to strengthen disparate-impact protections

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