Restoring Equality of Opportunity and Meritocracy
Headline: Federal Agencies Must Stop Enforcing Disparate-Impact Liability Across Government
What it does: Agencies must deprioritize and stop enforcing laws and regulations that rely on disparate-impact liability and the Attorney General must amend or repeal related rules.
- Reduces enforcement of discrimination claims based only on outcome differences for employers.
- Requires agencies to review and possibly withdraw or change existing rules.
- May alter hiring, lending, and housing practices and related legal challenges.
Summary
This order directs federal agencies to eliminate and deprioritize the use of disparate-impact liability — the legal theory that treats differences in outcomes as proof of discrimination — to the greatest extent possible. It says people should be treated as individuals and emphasizes merit-based hiring.
The order revokes prior approvals of Justice Department rules, requires the Attorney General to amend or repeal regulations, orders agency reviews of pending matters and consent judgments, and requests reports and employer guidance on fair hiring.
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