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DOJ and Thomas Sowell: Disparate Impact Is Often Unconstitutional – The American Spectator | USA News and Politics

DOJ and Thomas Sowell: Disparate Impact Is Often Unconstitutional – The American Spectator | USA News and Politics

In June 2026, the Department of Justice (DOJ) released an opinion arguing that the “[Equal Employment Opportunity Commission’s] Title VII guidelines are unconstitutional because they contemplate liability based on disparate effects alone, without regard to an employer’s likely intent, and pressure employers to engage in race-based decisionmaking. Properly understood, disparate-impact…

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