Justice Department Declares EEOC Disparate-Impact Guidelines Unconstitutional

The opinion is meant to end discrimination claims where no intentional discrimination exists.

Equal Employment Opportunity Commission chief Andrea Lucas is tasked with following the mandate. Photo: EEOC

The Justice Department Tuesday told the Equal Employment Opportunity Commission its longstanding guidelines on disparate-impact liability under Title VII of the Civil Rights Act are unconstitutional, a determination poised to reshape how the agency handles discrimination claims based on statistical disparities in hiring and promotion.

In a slip opinion Justice issued EEOC Chair Andrea Lucas, it said its Office of Legal Counsel found the commission’s guidelines “pressured employers to engage in racial discrimination” by allowing liability for unequal hiring and promotion outcomes among demographic groups “without regard to the employer’s likely intent.”