The U.S. Equal Employment Opportunity Commission (EEOC) is reportedly ceasing investigations into disparate impact discrimination claims.
Disparate impact claims address employment practices that, while appearing neutral, disproportionately harm a protected group. Unlike disparate treatment, intent to discriminate is not required.
Disparate impact claims often rely on statistical analysis and complex evidence to demonstrate that a facially neutral employment practice disproportionately affects members of a protected group.
The law has not changed. Title VII of the Civil Rights Act of 1964 still prohibits employment practices that cause a disparate impact. Employers must continue to self-monitor to ensure policies do not unintentionally create discriminatory outcomes.
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The EEOC's stepping back from disparate impact investigations is only one recent workplace compliance development. Here are other compliance trends and news.
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Washington is expanding its Fair Chance Act in 2025, limiting criminal background inquiries by employers, with key changes taking effect in 2026 and 2027.
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Maryland Law Now Mandates Notice of Mass Layoffs
Maryland's "mini-WARN"...
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