A new legal opinion from the U.S. Department of Justice (DOJ) is reshaping how employment discrimination claims based on unequal outcomes may be handled. On June 9, 2026, the U.S. DOJ’s Office of Legal Counsel issued a formal legal opinion concluding that the EEOC’s approach to disparate-impact liability is unconstitutional. While this theory of discrimination still exists, the opinion narrows it and raises the bar for employees who bring these claims. As a result, employers may have increased flexibility in using common hiring tools such as criminal background checks and aptitude tests without fear that they could face discrimination claims—but…

Continue Reading New DOJ Opinion Changes Hiring Discrimination Rules for U.S. Employers