Heads up if you’ve filed a discrimination claim with the EEOC! Reports suggest the agency might be dropping certain types of claims, specifically those involving ‘disparate impact liability.’ This legal concept is crucial because it addresses policies that might seem neutral but create unfair barriers for specific groups. Experts are urging claimants to take action now.
What is ‘Disparate Impact Liability’?
So, what exactly is ‘disparate impact liability’? It’s a legal principle that argues a policy or hiring practice can be discriminatory even if it appears fair on the surface. If that policy creates an unnecessary obstacle that disproportionately affects certain groups (like race, gender, or age), it can be challenged. For years, this rule has helped eliminate arbitrary hurdles in the job market, creating a more level playing field for applicants.
According to attorneys Joseph M. Sellers and Christine E. Webber of Cohen Milstein, the EEOC has been enforcing this rule since at least 1971. However, a memo obtained by the Associated Press indicates the EEOC plans to discharge complaints based on this liability. This could leave many claimants feeling like their cases have no merit.
Why You Need to Lawyer Up
The EEOC reportedly plans to notify claimants by the end of October. If you receive such a notice, it means you’ll need to file a lawsuit independently if you wish to continue pursuing your claim. Sellers and Webber emphasize that the EEOC’s refusal to investigate doesn’t mean your claim lacks merit or that there’s no path forward.
The crucial point is that courts are still enforcing these civil rights laws, including the disparate impact rule. However, there’s a strict 90-day deadline from receiving the notice to file your own lawsuit. Missing this window means your claim will be permanently barred.
Taking Action
Sellers and Webber strongly encourage anyone who receives a notice to consult an attorney as soon as possible, especially those with experience in disparate impact claims. They stress that even if the EEOC is stepping back from decades of precedent, the courthouse doors remain open for workers with valid claims. It’s time to be proactive and protect your rights.
Have you or someone you know been affected by discrimination in the workplace? Share your thoughts or experiences in the comments below. If you’ve received a notice from the EEOC, what steps are you planning to take?
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