Bibliographic Details
| Title: |
Disparate-Impact Theory Is Unconstitutional. |
| Authors: |
Foley, Elizabeth Price (AUTHOR), Torchinsky, Jason (AUTHOR) |
| Source: |
Wall Street Journal - Online Edition. 12/15/2025, pN.PAG-N.PAG. 1p. |
| Subjects: |
Disparate impact (Law), Constitutional law, United States. Supreme Court, Civil Rights Act of 1991, Actions & defenses (Law), United States. Dept. of Justice, Appellate courts, Equality, Race discrimination |
| Abstract: |
The article discusses the recent decision by the Justice Department to eliminate "disparate impact" liability under a section of the 1964 Civil Rights Act, which Assistant Attorney General Harmeet Dhillon claims will restore true equality by requiring proof of actual discrimination. Disparate impact theory allows plaintiffs to win cases based on statistical disparities without needing to demonstrate intent to discriminate, a concept that has faced legal challenges and mixed rulings from the Supreme Court over the years. The article highlights historical cases, including Griggs v. Duke Power Co. and Wards Cove Packing Co. v. Atonio, which shaped the application of this theory, and argues that the elimination of disparate impact regulations may not fully resolve constitutional concerns surrounding equal protection. The authors suggest that litigation challenging disparate-impact liability may be necessary for a long-term solution. [Extracted from the article] |
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| Database: |
Regional Business News |
