Disparate Impact Theory: Dead, Dying, or More Important Than Ever?

The U.S. Department of Justice's recent opinion concluding that the EEOC's disparate impact standards are unconstitutional has fueled speculation that disparate impact liability may be on its way out. Yet courts continue to recognize disparate impact claims, states are expanding protections, and regulators increasingly rely on disparate impact principles to evaluate AI-driven employment decisions.

Before employers declare disparate impact dead, they should understand what has changed, what has not, and where the next wave of liability may emerge.

Join Constangy partner Cara Crotty as she examines:

• The evolution -- and future -- of disparate impact liability.
• The DOJ's opinion and the potential implications for employers, courts, and the EEOC.
• State laws and enforcement trends that continue to embrace disparate impact concepts.
• The growing regulation of AI and algorithmic decision-making, where disparate impact remains a central concern.
• Practical steps employers can take now to evaluate and mitigate risk.