Analysis
The Office of Legal Counsel’s Opinion on the “Constitutionality of Disparate-Impact Liability Under Title VII”: What You Need to Know
August 4, 2026Here’s what you need to know about the recent attacks on disparate-impact liability.
In June, the Department of Justice’s Office of Legal Counsel (OLC) released a memo claiming the U.S. Equal Opportunity Commission’s guidance on disparate impact discrimination under Title VII of the Civil Rights Act of 1964 is unconstitutional.
Asian Americans Advancing Justice – AAJC, along with our partners, created this explainer laying out what OLC got wrong and why employers must continue to take steps to address workplace policies and practices that cause unjustified disparate impacts.