Please enjoy this special offer on CLE from the American Bar Association!

Join the ABA on July 15 for a new webinar in the Rule of Law in America CLE series, dedicated expert discussions on safeguarding the rule of law, preserving public trust, and ensuring justice remains free from political influence. Because you belong to the WBA, who has proudly stood with the ABA in support of the rule of law, we would like to offer WBA Members free registration for this upcoming webinar by using the promo code ROLIA106FREE at checkout. Please read below for more details!

Panelists: Eric Dreiband, Barry Goldstein, Leslie Silverman, and Jenny Yang
Moderator: Carolyn L. Wheeler
1 hour of General CLE credit available.

In a Justice Department press release dated February 26, 2025, the Attorney General directed the Department's Civil Rights Division to dismiss lawsuits against various jurisdictions across the country involving the use of standard aptitude tests to screen firefighter and police officer candidates. On April 23, 2025, the President signed an Executive Order eliminating the use of disparate-impact liability, directing all agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability, instructing the Attorney General to repeal or amend all Title VI regulations that contemplate disparate-impact liability, and directing the administration to reassess all pending investigations, lawsuits, and consent judgments that rely on a disparate-impact theory.

Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, prohibits the use of standardized aptitude tests and other selection practices that have a significant disparate impact on the basis of race or sex unless the employer can demonstrate that the practice is job-related and consistent with business necessity. Where a test disproportionately screens out people of color, women, or any protected class, an employer cannot lawfully use the test as a hiring or promotion tool unless the employer can show that it actually helps to select people who are qualified to do the job in question.

This program will discuss the statutory origins and major judicial precedents underlying disparate impact theory as well as the history and purpose of disparate impact litigation under Title VII. Panelists will address how the administration's decisions—as outlined in the recent Executive Order and DOJ directives—may affect the development of the law.

Enter the promo code ROLIA106FREE during checkout at the link below! (Please note that if you are already an ABA member, registration is automatically free.)