Disparate Impact Liability Targeted Anew in DEI Legal Battle

The conservative legal movement is bringing fresh scrutiny to a doctrine used to assess liability for unintentional workplace bias, with critics arguing it’s an overreach as the partisan clash over diversity, equity, and inclusion initiatives intensifies.

The disparate impact theory of liability allows litigants to challenge neutrally applied workplace practices that can be discriminatory if statistics show they disproportionately affect people based on their race, sex, or other protected characteristics. These include educational requirements, criminal history policies, and physical fitness and job tests.

Conservatives have long argued that the doctrine unfairly punishes employers for unintentional practices and overemphasizes protected traits ...