The move marks a significant shift in EEOC enforcement, and critics say it weakens an effective legal tool used to root out workplace discrimination. That’s especially true when it comes to addressing algorithmic bias as more employers rely on AI in the hiring process. Historically, discrimination claims invoking disparate impact have been less common than those alleging intentional discrimination, known as disparate treatment. Kelley said companies should still be concerned that their algorithms could invite disparate impact complaints, noting that many states and local authorities have their own laws and regulations. And because disparate impact often involves company-wide or industry-wide policies, the number of people affected is usually larger than an individual discrimination complaint.