2 months ago
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President Donald Trump signed an executive order on Wednesday titled, Restoring Equality of Opportunity and Meritocracy, which eliminates the use of disparate-impact liability in some contexts and restores "the true promise of the Civil Rights Movement."
The order stated, "A bedrock principle of the United States is that all citizens are treated equally under the law. This principle guarantees equality of opportunity, not equal outcomes. It promises that people are treated as individuals, not components of a particular race or group. It encourages meritocracy and a colorblind society, not race- or sex-based favoritism. Adherence to this principle is essential to creating opportunity, encouraging achievement, and sustaining the American Dream."
A fact sheet from the White House stated that "Disparate-impact liability is a legal theory holding that differences in outcomes among races, sexes, or similar groups indicate unlawful discrimination," which "violates the Constitution’s guarantee of equal treatment for all by requiring race-oriented policies and practices to rebalance outcomes along racial lines."
Agencies have been directed under the executive order to "deprioritize enforcement of statutes and regulations that include disparate-impact liability," and the Attorney General has been ordered to repeal or amend all Title VI regulations that "contemplate disparate-impact liability."
The administration will also assess all pending lawsuits, investigations, and other things that "rely on a theory of disparate-impact liability, and take appropriate action." The White House said that disparate-impact liability "undermines civil-rights laws," blocks businesses from making merit-based hiring decisions, and hurts job seekers.
Per The Hill, disparate impact liability was codified in Title VII of the Civil Rights Act. It holds agencies accountable for practices that, even when there is no intent to, have a discriminatory effect of protected groups.
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