Disparate Impact / Disparate Treatment

New Jersey Doubles Down on Disparate Impact as Federal Enforcement Pulls Back

January 5, 2026 | by Eric B. Meyer

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At a moment when federal agencies are actively dismantling disparate impact enforcement as a policy matter, New Jersey just went in the opposite direction – loudly, deliberately, and in writing.

Last month, the New Jersey Division on Civil Rights finalized new rules that spell out how disparate impact claims work under the New Jersey Law Against Discrimination in the employment context. These rules do not create new liability. What they do is remove any remaining ambiguity about how neutral workplace policies will be judged under state law. Continue reading

When the EEOC Walks Away, Employees Can’t Sue the EEOC Instead

December 15, 2025 | by Eric B. Meyer

The EEOC’s decision to pull back from investigating disparate impact claims has been loud, controversial, and headline-worthy. And for employees watching their charges get administratively closed in real time, it can feel like the agency has simply walked away. But federal courts are not there to referee agency priorities or second-guess investigations.

TL;DR: A federal court dismissed an employee’s lawsuit against the EEOC after the agency administratively closed her disparate-impact charge following a shift in enforcement priorities. The court held that charging parties have no judicially cognizable right to a particular EEOC investigation, and no standing to force the agency to reopen one. Whatever the EEOC does or does not do, Title VII of the Civil Rights Act of 1964 claims are litigated de novo against the employer – not the agency.

📄Read the decision

The Employer Handbook: Week in Review Podcast (April 21–25, 2025)

April 25, 2025 | by Eric B. Meyer

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Now you can listen to The Employer Handbook—check out this week’s podcast recap! Continue reading

Did President Trump just cancel disparate impact discrimination claims?

April 24, 2025 | by Eric B. Meyer

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President Trump’s latest executive order could change how the federal government handles workplace discrimination — but not in the way you might think.

Before you assume that disparate impact claims are gone for good, let’s unpack what the order does (and doesn’t) do. Continue reading

Wearables at Work: An EEOC “Fit” for HR Compliance and Productivity

December 20, 2024 | by Eric B. Meyer

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Yesterday, the Equal Employment Opportunity Commission (EEOC) announced the release of a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” This document is crucial for human resources professionals as it provides guidance on using wearable technologies in compliance with federal employment discrimination laws. Here, I’ll summarize the key points of the fact sheet and offer some essential takeaways for HR professionals.

Rest in Peace: Lilly Ledbetter, an equal-pay activist and icon

October 15, 2024 | by Eric B. Meyer

U.S. Department of Labor, CC BY 2.0, via Wikimedia Commons

Over the weekend, Lilly Ledbetter, a woman who unintentionally became a champion of equal pay for men and women, died at 86. Continue reading

Two United States Senators are about to introduce something called the “No Robot Bosses Act”

July 25, 2023 | by Eric B. Meyer

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We began July with New York City starting to enforce its law that requires companies hiring with artificial intelligence to notify candidates, provide candidates with particular information about data collected and analyzed, and independently audit the technology. It’s all in the name of removing bias from the hiring process, which the U.S. Equal Employment Opportunity Commission has warned employers about, too.

Now, two Senators are co-sponsoring legislation they claim will “protect and empower workers by preventing employers from relying exclusively on artificial intelligence or bots to make employment decisions.” Continue reading

Would your business ever refuse to hire applicants with obvious missing, broken, or badly discolored teeth?

January 27, 2023 | by Eric B. Meyer

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Unless you run a dental practice, I can’t imagine why a fetching, toothy smile would be a job qualification. But, apparently, a large chain of gas/convenience stores has that policy. Continue reading

3d Cir: Even where old folks are treated fairly, OLDER folks can bring age-bias claims

January 11, 2017 | by Eric B. Meyer

You’ll have to pardon the headline.

I’m not nearly as articulate as the Third Circuit was in yesterday’s opinion in Karlo v. Pittsburgh Glass Works, LLC, using words like “cognizable” and “disproportionate adverse impact.” And, even though the Third Circuit sits in Philadelphia, you won’t find local lingo like “old head” or “jawn” anywhere in the opinion.

Although, I’m pretty sure page 6 has a cheez whiz stain on it.

Can an employee fired for an extra-marital affair claim marital-status discrimination?

December 28, 2015 | by Eric B. Meyer

Well, I suppose you can claim just about anything.

For example ***takes big dose of medication*** I claim god status on the third sun for Rondor. My fourth place finish on the unaired celebrity-blogger episode of Chopped really raised by Rondor grass cred. (No streets on Rondor; only luscious purple grass).

But, when you’re a married school superintendent. And you sneak off during school hours. And you’re sneaking with a female para-educator. Well, sneaking and having sex with the female para-educator in her parked car. You can imagine how this ended.

Well, the former school superintendent — see what I did there? — claimed that his marital status (as opposed to his sexual relationship with a female co-worker who was not his wife) was the reason for his termination.

Thoughts…