DOJ Legal Office Questions EEOC Disparate Impact Interpretation

The Department of Justice's Office of Legal Counsel has issued an opinion stating that the Equal Employment Opportunity Commission's framework for disparate-impact liability under Title VII is unconstitutional. The OLC's memo argues that the EEOC's guidelines allow for liability based on disproportionate effects without requiring proof of intentional discrimination. This development could have significant implications for employment law and anti-discrimination enforcement.