Podcast: Disparate Impact and the Future of Equal Opportunity

Center for Equal OpportunityDisparate Impact

In this episode, experts explore the origins, evolution, and controversy surrounding disparate impact law—from Section VII of the Civil Rights Act of 1964, to landmark Supreme Court decisions like Griggs v. Duke Power Co. (1971) and Wards Cove Packing Co., Inc. v. Atonio (1989), to the legislative response in the Civil Rights Act of 1991. 

What is disparate impact liability? How has it shaped outcomes in employment, housing, and equal access to opportunity? Is it a justifiable basis for legal liability without evidence of disparate treatment? 

Join us for a conversation on one of the most debated legal doctrines in American civil rights history and its role in shaping the future of equality and meritocracy.

Featuring:

  • Dan Morenoff, Executive Director, American Civil Rights Project and Adjunct Fellow, Manhattan Institute
  • Gail Heriot, Professor of Law, University of San Diego School of Law
  • [Moderator] Linda Chavez, Chairman, Center for Equal Opportunity