Trump Administration Issues Executive Order Directing Fed. Agencies to Eliminate Use of Disparate Impact Analysis

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On 4/23/25, the Trump Administration issued an executive order entitled "Restoring Equality of Opportunity and Meritocracy," which directed federal agencies to eliminate the use of disparate impact liability in all contexts to the maximum degree possible. Disparate impact liability arises when a factually neutral policy or practice impacts a protected group and the employer cannot otherwise justify using the policy. However, the executive order does not impact existing law under Title VII, and employees can still bring disparate impact claims against employers.

https://www.whitehouse.gov/presidential-actions/2025/04/restoring-equality-of-opportunity-and-meritocracy/?utm_source=wh_social_share_button


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