Terence McCourt is quoted in a Massachusetts Lawyers Weekly article titled, “DOJ fires broadside in battle over disparate impact liability.”
Discussing the potential impact of the DOJ’s position on disparate impact liability, McCourt notes that while the opinion could reduce federal enforcement risk for employers, it does not eliminate legal exposure. McCourt notes “But that doesn’t remove all legal risk because this opinion doesn’t bind the courts. Disparate impact has been around for a long time. It’s firmly enshrined in Supreme Court precedent.”
LINKS
Read “DOJ Fires Broadside in Battle over Disparate Impact Liability.” (subscription)