- Incident
- Constitutionality of Disparate-Impact Liability Under Title VII
- Location
- Department of Justice Office of Legal Counsel · US
- Date of the incident
- not in the record
- Decided
- 2026-06-09
- Authority
- Department of Justice Office of Legal Counsel
- Law involved
- U.S. Const. amend. XIV
- Court case
- No.
- Outcome
- Not extracted — read the opinion.
- Remedy
- —
- Status
- Decision to review — the outcome is in the opinion
(Slip Opinion) Constitutionality of Disparate-Impact Liability Under Title VII EEOC’s Title VII guidelines are unconstitutional because they contemplate liability based on disparate effects alone, without regard to an employer’s likely intent, and pressure employers to engage in race-based decisionmaking. Properly understood, disparate-impact liability proscribes only those practices that reflect a significant like- lihood of intentional discriminat
Source: CourtListener (Free Law Project)
A decision engaging a human-rights claim is not, by itself, a finding that a right was violated.