National Law Review
6/16/2026

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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