· 6/9/2026
Constitutionality of Disparate-Impact Liability Under Title VII
Syllabus
EEOC's Title VII guidelines are unconstitutional because they contemplate liability based on disparate effects alone, without regard to an employer's likely intent, and pressure employers to engage in race-based decisionmaking. Properly understood, disparate-impact liability proscribes only those practices that reflect a significant likelihood of intentional discrimination.
Sourced from CourtListener / Free Law Project (CC0).
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