U.S. Department of Justice building in Washington, D.C, on January 12, 2022. Photo: Diego M. Radzinschi/ALM A new Department of Justice opinion could portend a diminished role for disparate impact doctrine, according to some employment law observers. The DOJ issued a 25-page opinion on Tuesday that found Equal Employment Opportunity Commission guidelines on evaluating disparate impact claims were unconstitutional because they could pressure employers to engage in racial discrimination.