Pinned
In Allen v. Milligan SCOTUS referred to our "colorblind Constitution" & the tension between it & Title VII's disparate impact liability has long endured. Kudos to @andrealucasEEOC & @USEEOC for requesting a clarifying opinion from DOJ.
Disparate impact liability under Title VII
The Department of Justice has issued an opinion to the Equal Employment Opportunity Commission (“EEOC”) that its guidelines about disparate-impact liability under Title VII of the Civil Rights Act are unconstitutional. The Office of Legal Counsel found that EEOC’s guidelines
