Employers shouldn’t overly rely on reports that the EEOC is no longer interested in disparate impact: private lawsuits and other entities bringing such claims, both in the traditional discrimination and the emerging “illegal DEI” contexts, still pose legal risks. In this episode, our attorneys discuss disparate impact versus treatment, “job-relatedness” defenses, the role of statistics and the value of privileged disparate impact analyses, and the need for ongoing employer vigilance given the potential financial and reputational harms associated with disparate impact claims.
Matt Camardella
Principal, Long Island
Welcome to the latest installment of the We get work podcast. My name is Matt Camardella, and I am a principal in the Long Island office of Jackson Lewis. Joining me today is my partner and colleague, Monica Khetarpal, who is in the firm’s Chicago office.
Today, we are going to discuss the disparate impact theory of employment discrimination and recent developments that may affect the way organizations view their risk of such claims. Monica, I have some great news to share. Employers can no longer be sued for disparate impact. Isn't that great?
Monica Khetarpal
Principal, Chicago
Well, that would be great, but not so fast, Matt. It wasn't that employers can no longer be sued. It's just that the EEOC has announced that they've declined to pursue disparate impact claims. It's a little bit different.
Do you want to take a minute to explain what disparate...
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