DOJ Concludes The EEOC’s “Disparate Impact” Framework Unconstitutional

What Happened?

On June 9, 2026, the U.S. Department of Justice’s Office of Legal Counsel (DOJ) issued a memorandum opinion concluding that the U.S. Equal Employment Opportunity Commission’s (EEOC) Title VII disparate impact framework is unconstitutional as interpreted and must be read narrowly to avoid violating the Constitution.

The DOJ’s opinion letter reflects a broader shift away from federal disparate impact enforcement and may signal a reduction in EEOC-led Title VII claims based solely on statistical disparities arising from an employer’s neutral employment practices or policies.

What’s Unconstitutional?

The DOJ declared the EEOC’s existing interpretations and guidelines as 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 decision-making.” According to the DOJ, some level of disparity among protected groups is inevitable and the EEOC’s