EEOC to Close Investigations of Disparate Impact Discrimination
The U.S. Equal Employment Opportunity Commission will close almost all pending charges based solely on allegations of disparate impact discrimination by September 30, 2025, according to an internal memorandum obtained by Bloomberg Law. The agency is expected to issue right-to-sue letters to charging parties whose charges will be closed, allowing them to proceed on their own in federal court. While it is not clear whether it was explicitly stated in the memo, it appears reasonably certain the agency itself will not file any litigation premised on disparate impact theory going forward. The memo reportedly allows for limited exceptions subject to approval by EEOC leadership. Charges that allege both disparate impact and disparate treatment theories will remain open, although agency staff have been directed to investigate only the disparate treatment claims. The move follows on the administration’s April 2025 executive order directing all federal agencies to cease using disparat...