The Trump administration is attempting to weaken one of the nation’s most important workplace discrimination protections—a legal standard that has, for decades, allowed workers to challenge hiring and promotion policies that unfairly exclude qualified people, even when those policies appear neutral on their face.
A new opinion from the Justice Department’s Office of Legal Counsel (OLC), issued in June, argues these longstanding interpretations of Title VII’s “disparate-impact” standard are unconstitutional, and contends certain Equal Employment Opportunity Commission guidance improperly allows employers to be held liable based on discriminatory effects rather than intent. The opinion is meant to guide executive branch enforcement.
Civil rights advocates are pushing back, arguing the new OLC opinion misstates decades of Supreme Court precedent and congressional action.
Below is a joint explainer—issued by the National Women’s Law Center (NWLC), Democracy Forward, the Legal Defense Fund (LDF), the American Civil Liberties Union (ACLU), Asian Americans Advancing Justice (AAJC), Equal Rights Advocates, and LatinoJustice PRLDEF—originally published as “The Office of Legal Counsel’s Opinion on the ‘Constitutionality of Disparate-Impact Liability Under Title VII’: What You Need to Know.”
The organizations argue that the opinion does not change federal law. Instead, they emphasize that only Congress can amend Title VII and that courts—not the executive branch—determine how the law is interpreted. Employers, they say, remain legally obligated to comply with existing anti-discrimination protections.
“Across America, workers are struggling to find living-wage jobs to support themselves and their families. Too often, qualified workers are blocked from getting hired and promoted due to employer policies that screen out applicants based on factors unrelated to whether the applicant could do the job, from unnecessary college degree requirements and credit checks to commute-radius limitations and AI resume reviews. The Trump-Vance administration is making this problem worse.
“For decades, under Supreme Court precedent, Title VII of the Civil Rights Act of 1964 (Title VII), and other legal authority, workers have been able to challenge exclusionary policies like these using a legal tool known as “disparate-impact liability.” That tool has resulted in employers adopting more thoughtful, rigorous standards in evaluating their own selection criteria and advancing their business objectives. The administration is now attacking this tool, encouraging employers to ignore the harms caused by their own policies while denying workers the ability to question whether those policies are justified and fair.
“In its latest move, the Trump-Vance administration’s Department of Justice Office of Legal Counsel (OLC) released an opinion claiming that longstanding U.S. Equal Employment Opportunity Commission (EEOC) guidance on disparate-impact liability under Title VII is unconstitutional. The OLC opinion is wrong on the facts and wrong on the law. Only Congress and the courts have authority to change the law or its impact.”
