The Charlie Kirk Show Disparate Impact Downfall
Dec 10, 2025
Harmeet Dhillon, an attorney and the Assistant Attorney General leading the DOJ Civil Rights Division, discusses the transformative changes to the doctrine of 'disparate impact.' She emphasizes the urgency of rolling back this doctrine and its implications for civil rights enforcement. The conversation delves into its historical roots, how it has influenced hiring practices, and the legal shift towards requiring proof of intentional discrimination. Dhillon also addresses staffing changes in the Civil Rights Division and invites lawyers to join the new mission.
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Disparate Impact Redefined
- Disparate impact lets plaintiffs challenge neutral policies using statistics rather than proof of intent.
- Harmeet Dhillon says DOJ will require proof of intentional discrimination to restore equal treatment under law.
Neutral Rules Produce Unequal Outcomes
- Disparate impact expands liability because almost any neutral standard shows unequal outcomes across groups.
- Hosts argue this made many ordinary policies legally risky and encouraged quota signaling by institutions.
Origin Story: Griggs v. Duke Power
- Charlie recounts Griggs v. Duke Power where diploma and aptitude requirements were struck down.
- He uses the case to explain disparate impact's judicial origins in 1971.
