Executive Order: Restoring Equality of Opportunity and Meritocracy (April 23, 2025, President Donald J. Trump). (2025)
On April 23, 2025, President Trump signed an Executive Order (EO) titled Restoring Equality of Opportunity and Meritocracy , which follows a string of prior EOs aimed at removing DEI programs, which we covered here and here . This most recent EO seeks to eliminate the use of disparate-impact liability across federal agencies, marking a significant shift in how civil rights statutes, including Title VII of the Civil Rights Act of 1964, could be enforced. “Disparate-impact” is a foundational legal concept under both Titles VI and VII of the Civil Rights Act of 1964. The former prohibits discrimination based on race, color, and national origin in federally funded programs, while the latter prohibits discrimination based on race, color, religion, sex, and national origin in employment . Disparate-impact liability has long been used by federal agencies, like the Equal Employment Opportunity Commission (EEOC), and courts to identify policies that, while neutral on thei...