Employee Survival Guide®

EEOC Closes the Book On Disparate Impact Claims


Listen Later

Comment on the Show by Sending Mark a Text Message.

The ground just shifted under workplace civil rights. Federal investigators have closed thousands of disparate impact charges, and right-to-sue letters are landing across the country. We walk through what this change really means: the legal theory behind disparate impact, why the EEOC halted these cases, and how the responsibility now moves squarely to workers and their advocates.

We unpack the practical steps for bringing a case to court within the tight 90-day window, from identifying the exact policy at issue to gathering applicant flow data, pass rates, and workforce demographics. We talk about the role of expert statisticians, how to show that disparities are not random, and what courts look for when deciding whether a practice is job-related and consistent with business necessity. You’ll also hear how to propose less discriminatory alternatives that still meet business needs, which is often decisive in these cases.

AI-driven hiring tools loom large in the conversation. We explain how algorithms can encode historical bias, what documentation and validation employers should have, and what records plaintiffs need to request to test for adverse impact. While the EEOC steps back, some state and local agencies remain active, offering parallel options for investigation. The bottom line is urgent but empowering: your rights remain intact, the venue has changed, and preparation is everything. If you received a right-to-sue letter, mark the 90-day deadline, talk to counsel, and start building your evidence now.

If you find this helpful, follow the show, share it with a colleague who needs to hear it, and leave a quick review so others can find these updates. Your feedback guides future topics and keeps this resource strong.

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

...more
View all episodesView all episodes
Download on the App Store

Employee Survival Guide®By Mark Carey

  • 5
  • 5
  • 5
  • 5
  • 5

5

20 ratings


More shows like Employee Survival Guide®

View all
The Moth by The Moth

The Moth

27,211 Listeners

The Daily by The New York Times

The Daily

112,601 Listeners

Up First from NPR by NPR

Up First from NPR

56,441 Listeners

Today, Explained by Vox

Today, Explained

10,241 Listeners

Dateline NBC by NBC News

Dateline NBC

47,820 Listeners

Two Hot Takes by Morgan Absher

Two Hot Takes

7,878 Listeners

Good Morning, HR by Mike Coffey, SPHR, SHRM-SCP

Good Morning, HR

59 Listeners

Smosh Reads Reddit Stories by Smosh

Smosh Reads Reddit Stories

1,657 Listeners

The HR Investigations Podcast by RPC HR

The HR Investigations Podcast

12 Listeners

Ground Rules: Employment Law Over Your Coffee Break by Pam Howland

Ground Rules: Employment Law Over Your Coffee Break

12 Listeners