Uncategorized

Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World

No Congress ever passed, no President ever signed, and as a result Title VII never contained (and does not contain now) any language outlawing employment policies bearing disparate impacts across demographic groups or imposing disparate-impact liability on employers for using such policies. Our entire 54-year foray since Griggs has been an unwarranted mistake, which has harmed American employment law and infected other areas with concepts incompatible with core constitutional commitments.

2025-10-20T10:59:53-05:00June 9th, 2025|Blog, Uncategorized|
Go to Top