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Keyword: desparateimpact

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  • Disparate-Impact Theory Is Unconstitutional

    12/16/2025 12:39:21 PM PST · by E. Pluribus Unum · 12 replies
    The Wall Street Journal ^ | Dec. 14, 2025 4:58 pm ET | Elizabeth Price Foley and Jason Torchinsky
    The Justice Department last week issued a rule doing away with “disparate impact” liability under one section of the 1964 Civil Rights Act. “Our rejection of this theory will restore true equality under the law by requiring proof of actual discrimination, rather than enforcing race- or sex-based quotas or assumptions,” Assistant Attorney General Harmeet Dhillon said at a press conference last week.More such actions are expected under an April executive order—and none too soon. Disparate-impact theory, which recasts neutral standards as discriminatory, was imposed undemocratically and conflicts with the Constitution. The Supreme Court, which has sent mixed signals over the...