The DOJ’s Disparate Impact Memo: Key Takeaways for Employers
On June 9, 2026, the U.S. Department of Justice (DOJ) issued a significant legal opinion concluding that the Equal Employment Opportunity Commission’s (EEOC) longstanding interpretation of Title VII disparate impact liability is unconstitutional. The opinion questions aspects of the Uniform Guidelines on Employee Selection Procedures (UGESP), the federal framework that has guided employers’ validation of employment tests and selection procedures for nearly 50 years. While the DOJ opinion does not change Title VII itself and is not binding on federal courts, it signals a potentially significant shift in federal enforcement priorities and creates new uncertainty for employers. For HR, compliance, legal, and talent acquisition professionals, the key question is straightforward: Should employers change how they evaluate seemingly neutral employment practices, including tests and other selection procedures? At least for now, the answer is generally no. A Brief Refresher: Disparate Impact an...