Another Blow to Women’s Equality at Work: The Trump Administration Is Trying to Weaken a Key Workplace Discrimination Protection

Below is a joint explainer—issued by the National Women’s Law Center (NWLC), Democracy Forward, the Legal Defense Fund (LDF), the American Civil Liberties Union (ACLU), Asian Americans Advancing Justice (AAJC), Equal Rights Advocates, and LatinoJustice PRLDEF—originally published as “The Office of Legal Counsel’s Opinion on the ‘Constitutionality of Disparate-Impact Liability Under Title VII’: What You Need to Know.”

The organizations argue that the opinion does not change federal law. Instead, they emphasize that only Congress can amend Title VII and that courts—not the executive branch—determine how the law is interpreted. Employers, they say, remain legally obligated to comply with existing anti-discrimination protections.