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  1. Topics & Tools
  2. Employment Law & Compliance
  3. Compliance Roundup: EEOC Backs Away from Disparate Impact
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Compliance Roundup: EEOC Backs Away from Disparate Impact

December 3, 2025 | Allen Smith, J.D.

EEOC letterhead, a gavel, glasses, and a book.

The U.S. Equal Employment Opportunity Commission (EEOC) is reportedly ceasing investigations into disparate impact discrimination claims. 

Disparate impact claims address employment practices that, while appearing neutral, disproportionately harm a protected group. Unlike disparate treatment, intent to discriminate is not required. 

Disparate impact claims often rely on statistical analysis and complex evidence to demonstrate that a facially neutral employment practice disproportionately affects members of a protected group.

The law has not changed. Title VII of the Civil Rights Act of 1964 still prohibits employment practices that cause a disparate impact. Employers must continue to self-monitor to ensure policies do not unintentionally create discriminatory outcomes. 

Read the full story.

Newsletter: Subscribe to Workplace Compliance

The EEOC's stepping back from disparate impact investigations is only one recent workplace compliance development. Here are other compliance trends and news.

Education-to-Employment Initiative Aims to Fix the Education Pipeline

Students often lack the skills for the modern workplace. HR can partner with education systems to close the skills gap and build a stronger workforce. 

Read the full story.

Washington Background Check Rules to Take Effect

Washington is expanding its Fair Chance Act in 2025, limiting criminal background inquiries by employers, with key changes taking effect in 2026 and 2027.

Read the full story.

Maryland Law Now Mandates Notice of Mass Layoffs

Maryland's "mini-WARN" Act regulations, effective Oct. 13, mandate 60-day notice for mass layoffs or reductions in force. 

Read the full story. 

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