Fourteen States Issue Joint Guidance to Reaffirm Civil Rights Protections Against Disparate Impact
Fourteen state attorneys general have released a joint guidance document to reaffirm the principle of disparate impact in civil rights law. This concept recognizes that discrimination can arise not only from intentional bias but also from seemingly neutral policies or practices that disproportionately disadvantage protected groups. The guidance emphasizes that such policies may be unlawful if they are not job-related and consistent with business necessity. This action comes amid a broader shift in federal policy that has been moving away from enforcing disparate-impact protections. The attorneys general assert that federal agencies and the President lack the authority to rewrite laws passed by Congress or alter protections established by the Constitution or federal and state laws. The coalition of states involved includes Massachusetts, Maryland, New York, California, Delaware, Hawaii, Illinois, Michigan, Minnesota, Nevada, New Mexico, Oregon, Vermont, and Washington. The document aims to clarify the curre...