WASHINGTON — The Department of Justice has issued an opinion to the Equal Employment Opportunity Commission (“EEOC”) that its guidelines about disparate-impact liability under Title VII of the Civil Rights Act are unconstitutional. The Office of Legal Counsel found that EEOC’s guidelines pressured employers to engage in racial discrimination. Under those guidelines, employers could be held liable for unequal hiring and promotion outcomes among different groups, without regard to the employer’s likely intent.
Source: U.S. Department of Justice