Title 7 Disparate Impact Liability Makes Almost Everything Presumptively Illegal

In Griggs v. Duke Power Co. (1971), the Supreme Court established that Title VII prohibits not only intentional discrimination but also disparate impact—practices that disproportionately affect protected groups—subject to a business necessity defense. The article argues that disparate impact liability is problematic because nearly all job qualifications have some disparate impact on certain groups, making almost any employment practice potentially illegal and giving the EEOC extraordinary discretion in enforcement.