Office of Legal Counsel Concludes That Disparate Impact Liability Under Title VII Is Unconstitutional
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Office of Legal Counsel Concludes That Disparate Impact Liability Under Title VII Is Unconstitutional

The Volokh Conspiracy
The Volokh Conspiracy•Jun 9, 2026

Summary

Two decades after Justice Scalia's Ricci concurrence, the "war between disparate impact and equal protection will be waged" very soon.

Office of Legal Counsel Concludes That Disparate Impact Liability Under Title VII Is Unconstitutional

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