EEOC Directs Closure Of Pending Disparate Impact Charges

• Published date: 25 September 2025
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment, Employee Rights/ Labour Relations
• Law Firm: Benesch Friedlander Coplan & Aronoff LLP
• Author: Mr W. Eric Baisden and Adam Primm

Key Takeaways:

• The EEOC has directed its investigators to close all pending disparate impact discrimination charges by September 30 2025, unless special permission is granted to continue, following an executive order from President Trumpdeprioritizing disparate impact enforcement.
• Courts may experience a spike in lawsuits alleging disparate impact discrimination as impacted charging parties receive Notices of Right to Sue.

The U.S. Equal Employment Opportunity Commission issued an internal directive that its investigators close all pending charges for disparate impact claims by the end of the month or seek special permission from EEOC leadership to continue investigating.

Employment discrimination claims typically fall into one of two categories...