🔥Hot off the presses: @TheJusticeDept issued an opinion today explaining that disparate-impact liability under federal employment law is *unconstitutional*. This is an earthquake in federal civil rights law. If right, this is the foundation to overturn that pernicious regime.
The Supreme Court recently explained that we have a "colorblind Constitution." This opinion explains what is needed. First, business necessity is a *low bar* to defend against disparate impact. Second, causality is a *high bar* for plaintiffs. But the third requirement is👀
"Third, plaintiffs must establish with particular evidence that there is an available alternative practice that causes less disparate impact and would be equally effective for serving the employer’s valid business purpose." Louisiana v. Callais for employment law. Amazing!
The whole opinion is necessary reading. But I always appreciate a nice summation conclusion. This single paragraph helps to contextualize everything that came before. Read while it's hot!
Kudos to @ElliotGaiser and @joshjcraddock
for putting together this logical, concise, and frankly devastating opinion for defenders of the old, illegal disparate impact regime. Great news for civil rights warrior @andrealucasEEOC too!
Read the opinion here: justice.gov/opa/pr/justice…
Legal scholar and diversity expert Ilya Shapiro weighs in:
Civil rights litigator Dan Lennington weighs in:
Senator Schmitt weighs in:
Then-Attorney General and now Senator @AshleyMoodyFL endorsed this in a petition to EPA in 2024. (Of course joining that coalition was @AGIowa.) Back then, AG Moody's chief was the notable @DHSGenCounsel 👀
@AshleyMoodyFL @AGIowa @DHSGenCounsel Senator Lee, the most based senator, weighs in:
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