A major shift in federal employment law is underway. In this episode, we unpack the DOJ Office of Legal Counsel’s June 9, 2026 opinion declaring key aspects of disparate-impact liability under Title VII unconstitutional. We explore how this change narrows employer risk, raises the bar for plaintiffs, and challenges long-standing EEOC guidance—while leaving state laws and disparate-treatment claims firmly in place. Tune in for a clear breakdown of what changed, what didn’t, and what employers should do next.

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DOJ Reinterprets Title VII Disparate Impact — Practical Implications for Employers

About the authors

John Pueschel

Kiley McCarthy-Connolly Scholtz

Richard Raleigh