DirectEmployers Association

On June 9, 2026, the DOJ issued a formal opinion letter declaring the EEOC's current guidelines on Title VII disparate-impact liability unconstitutional if solely applied.

This is a significant signal regarding how federal anti-discrimination laws will be enforced moving forward. The opinion fundamentally challenges the idea that unequal outcomes alone create employer liability, noting that standard tools like background checks and pre-employment tests are presumptively job-related if they serve a valid, rational business purpose.

What's the immediate takeaway for your team?

📊 Shift in Framework: The legal environment is shifting in favor of employers when defending selection criteria.

📋 Keep Monitoring: You still need to track selection outcomes and carefully document your business rationales.

⚖️ Expect Uncertainty: Because courts have the final say, litigation uncertainty remains.

Want to make sure your screening tools and hiring criteria are aligned with this newly released framework? Read our full, bite-sized breakdown of the DOJ opinion and what to do next!

A Federal Contractor's Plain-Language Guide to the DOJ's Opinion Letter on EEOC Disparate Impact The DOJ's OLC concluded the EEOC's disparate-impact guidelines under Title VII are unconstitutional. Here's what federal contractors need to know and do next.

Happy Birthday to the U.S. Army! 🇺🇸🎂

Founded in 1775, the Army has spent over 251 years protecting our freedom and serving communities around the world. Today, we celebrate the courage and dedication of all Soldiers, past and present.

True disability inclusion isn't an overnight achievement—it's a journey.

The National Organization on Disability (NOD) offers an excellent tool called the Disability Inclusion Maturity Curve to help organizations see exactly where they stand and how to grow.

Rather than treating inclusion as a "one-and-done" checklist, this framework maps out five developmental stages to help your HR team assess its progress across strategy, culture, and systems.

Discover where the gaps occur, align your goals, and figure out your next practical steps. Where is your organization focusing its efforts this year? Tap the link to read the full guide and find your spot on the curve!

NOD's Disability Inclusion Maturity Curve - National Organization on Disability A Practical Framework for Advancing Disability Inclusion The Disability Inclusion Maturity Curve is a model designed to help organizations assess and strengthen their approach to disability inclusion in the workplace. It outlines a clear progression across strategy, culture, systems, and accountabil...

Compliance News: The EEOC has officially released its new National Enforcement Plan, introducing a brand-new set of enforcement priorities for employers.

If you manage corporate inclusion initiatives or federal contracts, taking a few minutes to understand this new roadmap is essential for keeping your organization audit-ready.

Here are the key shifts from the new plan:
🔍 A focus on intentional discrimination over disparate impact theories.
🔍 Increased scrutiny on DEI programs to ensure they don't involve race- or sex-based decision-making.
🔍 A uniform, centralized approach that eliminates regional district-level enforcement trends.
🔍 Renewed protections for religious liberty and single-sex spaces.

Don't wait for an unexpected investigation to review your internal policies. Click the link to read our breakdown of what this means for your HR compliance strategy!

The EEOC Just Told You Where It's Looking Next: A Federal Contractor's Guide to the New National Enforcement Plan The EEOC's new National Enforcement Plan is in effect through 2029. Here's what the enforcement priorities mean for federal contractor HR compliance.