DOJ Opinion Calls Disparate Impact Theory Unconstitutional - SHRM
shrm.org
The DOJ just declared a cornerstone of workplace discrimination law unconstitutional — and the theory of disparate impact, which has protected millions of workers for decades, is now in the crosshairs.
Disparate Impact TheoryEqual Protection DoctrineCivil Rights LawInstitutional Discrimination Theory
Theory Briefing
- A June 9 DOJ Office of Legal Counsel opinion argues that disparate impact theory — holding employers liable for neutral policies with discriminatory outcomes — violates the Constitution.
- Disparate impact, rooted in the 1971 Griggs v. Duke Power Supreme Court ruling, shifted the burden of proof to employers, reshaping how workplace discrimination is legally defined.
- The OLC opinion does not immediately change Title VII, but signals a major ideological shift that could unravel decades of civil rights enforcement policy.