Constitutionality of Disparate-Impact Liability Under Title VII

(Slip Opinion) Constitutionality of Disparate-Impact Liability Under Title VII EEOC’s Title VII guidelines are unconstitutional because they contemplate liability based on disparate effects alone, without regard to an employer’s likely intent, and pressure employers to engage in race-based decisionmaking. Properly understood, disparate-impact liability proscribes only those practices that reflect a significant like- lihood of intentional discrimination. The business-necessity defense requires employers to demonstrate only that the chal- lenged practice rationally serves a valid business…