Employers shouldn't overly rely on reports that the EEOC is no longer interested in disparate impact: private lawsuits and other entities bringing such claims, both in the traditional discrimination and the emerging "illegal DEI" contexts, still pose legal risks. In this episode, our attorneys discuss disparate impact versus treatment, "job-relatedness" defenses, the role of statistics and the value of privileged disparate impact analyses, and the need for ongoing employer vigilance given the potential financial and reputational harms associated with disparate impact claims.
