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OK at Work

Labor and Employment

The Changing Landscape of EEOC Enforcement and Disparate Impact

May 6, 2025

By Russell B. Berger and Sarah M. Sawyer

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss a new executive order directing the EEOC not to pursue or investigate claims of disparate impact. They explain the concept of disparate impact, its relevance under Title VII, and how this executive order changes EEOC's enforcement practices. The discussion clarifies that while the law remains intact, enforcement priorities may shift, and underscores the importance for employers to remain aware and compliant with both federal and state laws regarding discrimination.

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