DOJ Opinion Finds EEOC’s Disparate Impact Guidelines Unconstitutional
5 verified4 unconfirmed
The Justice Department's Office of Legal Counsel issued an opinion on Tuesday concluding that the Equal Employment Opportunity Commission's guidelines on "disparate impact" liability under Title VII of the Civil Rights Act are unconstitutional. The opinion argues that the EEOC's interpretation of disparate impact—holding employers liable for policies that disproportionately harm protected groups—pressures employers to make race-based decisions to avoid liability. Acting Attorney General Todd Blanche said the opinion will allow businesses to hire based on performance, restoring equal opportunities. The legal opinion does not carry the same weight as a court ruling but is expected to affect how discrimination claims are handled. Both supporters and critics of the opinion have voiced strong reactions, with some former civil rights lawyers arguing it will lead to unchecked discrimination.
What’s verified
The Justice Department's Office of Legal Counsel issued an opinion on June 9, 2026, stating that the EEOC's disparate impact guidelines under Title VII are unconstitutional.
The opinion argues that disparate impact liability pressures employers to make race-based decisions to avoid legal liability.
The opinion states that employers can now use tools like aptitude tests and criminal background checks without fear of discrimination claims based solely on disparate impact.
The opinion was signed by OLC Assistant Attorney General T. Elliot Gaiser and Deputy Assistant Attorney General Joshua Craddock.
Acting Attorney General Todd Blanche issued a statement supporting the opinion.
Not yet confirmed
A statement from EEOC Chair Andrea Lucas lauding the finding was provided to the press by the DOJ, but only one source reported it.
The opinion's reliance on the Supreme Court case Allen v. Milligan was noted by only one source.
One source detailed three "limiting principles" outlined in the opinion to avoid a constitutional collision; this detail appears in only one account.
Critical reactions from former Civil Rights Division lawyers were reported by only one source.
Key figures
T. Elliot Gaiser, OLC Assistant Attorney General
Joshua Craddock, Deputy Assistant Attorney General
Todd Blanche, Acting Attorney General
Andrea Lucas, EEOC Chair
Sources: CBS News, newrepublic.com, reason.com
