As of September 30, 2025, the Equal Employment Opportunity Commission (EEOC) has officially stopped pursuing disparate impact discrimination cases. Thousands of charges built solely on this theory have been closed nationwide. Workers who filed them are now receiving “Right to Sue” notices, effectively ending the EEOC’s role and shifting the responsibility to private lawsuits. This is no longer a policy on the horizon; this is the reality by the time you have read this article.
What Just Changed
Disparate impact has been a cornerstone of workplace discrimination law since the Supreme Court’s decision in Griggs v. Duke Power Co. in 1971. The doctrine allows employees to challenge neutral policies that disproportionately harm protected groups, even when there is no direct evidence of intent. Examples include employment tests that disqualify women at much higher rates, or algorithmic screening systems that disproportionately exclude older applicants.
Now, the EEOC has been ordered to stand down. A September 15 internal directive required all district offices to close pending disparate impact investigations by September 30, with Right to Sue notices to follow by October 31. Going forward, the EEOC will not investigate or conciliate new disparate impact charges. If a complaint also alleges intentional discrimination, the agency may continue to review that portion, but the disparate impact element will be dropped.
This shift stems from an April 2025 executive order directing federal agencies to deprioritize disparate impact enforcement, framing it as inconsistent with “merit-based decision-making.”
What Workers Should Do Now
As of September 30, the EEOC has officially closed nearly all disparate impact charges. Workers who filed these claims are now beginning to receive Right to Sue notices, which shift the case into their own hands. Those notices are not the end of the road, but they start a short clock: you have ninety days from the date on the letter to file your own lawsuit in federal court. If you wait too long, the claim is lost.
Because the EEOC will no longer investigate or conciliate these cases, employees must be ready to take the lead. That means working with counsel to build the kind of evidence courts demand in disparate impact litigation. Statistical data will often be essential to show that a neutral policy, (whether a test, a physical requirement, or an algorithmic hiring tool) falls more heavily on one protected group. Expert testimony may also be required to explain the results and establish that the disparities are not random.
For many workers, the absence of the EEOC makes the process more daunting. However, it is important to realize that the claims themselves remain viable under Title VII and other civil rights laws. In addition, some state and local agencies continue to accept and investigate disparate impact charges under their own statutes, giving employees more than one possible forum.
Importantly to those with claims currently pending in the EEOC: if you receive a Right to Sue notice, time is of the essence. The EEOC’s retreat has changed enforcement, but it has not eliminated your rights. What was once an agency-driven process is now a matter for the courts, and the responsibility for carrying it forward rests squarely with workers and their advocates.
Why It Matters
This change shifts the burden entirely onto workers. For decades, the EEOC was the primary institution investigating systemic practices, from police hiring exams that excluded minorities, to company-wide promotion tests that disadvantaged women. Without agency enforcement, those cases don’t disappear, but they become harder. Employers may face fewer government investigations, but the risk of litigation remains. In fact, bypassing EEOC conciliation could lead to sharper conflicts in federal court, where judges will now decide whether a policy unlawfully discriminates.
Critics warn that ending disparate impact enforcement is especially dangerous in an era when AI-driven hiring tools and algorithmic screening are spreading rapidly. These systems can unintentionally replicate bias, and without government oversight, employees will need to rely on their own resources to challenge unfair results.
Moving Forward
For workers, the takeaway is simple but urgent: if your disparate impact claim was closed by the EEOC, the next step is yours. File in court within ninety days and build the evidence you’ll need to win. If you do nothing, your claims will be lost.
At Carey & Associates, P.C., we are already representing employees navigating this new enforcement landscape. If you believe a workplace policy has unfairly affected you, don’t assume the EEOC’s closure means you are out of options. Contact us at info@capclaw.com or 475-242-8317 to discuss your rights. Disparate impact cases are still viable, but the burden has shifted and the time to act is now.
