Mon Apr 28 13:10:00 UTC 2025: **President Issues Executive Order Limiting Disparate-Impact Liability**

**Washington, D.C.** – In a sweeping executive order signed today, President Trump declared a new policy to curtail the use of disparate-impact liability across federal agencies. The order, which takes aim at what the President called a “pernicious movement” seeking to achieve predetermined racial and gender outcomes, argues that disparate-impact liability violates the principle of equal opportunity enshrined in the Constitution.

Disparate-impact liability holds that even without proof of intentional discrimination, a disproportionate impact on certain racial or gender groups is evidence of unlawful discrimination. President Trump’s order asserts that this legal standard forces businesses and individuals to consider race and gender in decision-making to avoid legal repercussions, thus undermining meritocracy and the American ideal of equal opportunity.

The executive order directs federal agencies to deprioritize enforcement of laws and regulations based on disparate-impact liability, including those related to employment, housing, and credit. Specific actions outlined in the order include:

* **Revoking Presidential approvals** of certain regulations implementing Title VI of the Civil Rights Act of 1964.
* **Directing the Attorney General** to initiate action to repeal or amend regulations that incorporate disparate-impact standards.
* **Requiring a review** of all pending investigations, lawsuits, and consent decrees that rely on disparate-impact theories, with instructions to take appropriate action consistent with the new policy.
* **Mandating the development** of guidance for employers on promoting equal access to employment, focusing on merit-based hiring practices.

The order also instructs the Attorney General to assess the compatibility of state laws employing disparate-impact liability with federal law and the Constitution.

Critics argue that the order will weaken civil rights protections and hinder efforts to address systemic inequality. Supporters, however, maintain that it will restore a focus on individual merit and ensure that all citizens are treated equally under the law, regardless of race or gender. The order’s impact is likely to face legal challenges and spark considerable debate.

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