Restoring Equality of Opportunity and Meritocracy

This EO seeks to eliminate the “use of disparate-impact liability in all contexts to the maximum degree possible.” All agencies are directed to deprioritize enforcement of all statutes/regulations to the extent they include disparate-impact liability, including but not limited to 42 U.S.C. 2000e-2, 28 C.F.R.42.104(b)(2)–(3), 28 C.F.R. 42.104(b)(6)(ii), and 28 C.F.R. 42.104(c)(2). The DOJ shall review all statutes and regulations that include disparate-impact provisions. DOJ shall also determine if there are any situations where federal law can preempt state law for disparate-impact laws.

• All

Immediate, 30 days.

AG shall report to the President all regulations or rules (federal and state/local) that impose disparate-impact liability or similar requirements, and detail agency steps for their amendment or repeal (30 days). The AG and the Chair of EEOC shall jointly formulate and issue guidance or technical assistance to employers regarding appropriate methods to promote equal access to employment regardless of whether an applicant has a college education (unspecified).

New Executive Order Aims to End Disparate Impact Liability for Discrimination White House Executive Order Eliminates Disparate-Impact Liability Enforcement

No known legal challenges.