06/23/2026
U.S. Department of Justice “Declares” EEOC’s Disparate-Impact Framework Unconstitutional
On June 9, 2026, the Department of Justice’s Office of Legal Counsel (“OLC”) issued a memorandum opinion concluding that the EEOC’s longstanding interpretation of disparate-impact liability under Title VII of the Civil Rights Act of 1964 is unconstitutional. The opinion was authored by Assistant Attorney General T. Elliot Gaiser and Deputy Assistant Attorney General Joshua J. Craddock in response to a request from EEOC Chair Andrea R. Lucas.
Employment Law Report: What Happened? On June 9, 2026, the Department of Justice's Office of Legal Counsel ("OLC") issued a memorandum opinion concluding that the EEOC's...