News & Analysis as of

Department of Justice (DOJ) Employment Litigation Regulatory Reform

Nelson Mullins Riley & Scarborough LLP

Disparate Impact: Executive Order Restoring Equality of Opportunity and Meritocracy v. Title VII & the Courts

On April 23, 2025, President Trump signed an Executive Order (EO) titled, Restoring Equality of Opportunity and Meritocracy, which addresses disparate impact discrimination....more

Kelley Drye & Warren LLP

Trump Targets a Major Legal Theory of Discrimination

We all know what ​“intentional” discrimination means. But what about facially non-discriminatory policies or practices that have a discriminatory effect? The U.S. Supreme Court invented a then-novel, and still somewhat...more

Maynard Nexsen

The End of Disparate Impact Claims? Executive Order Calls Into Question Common Theory of Liability.

Maynard Nexsen on

Last week, President Donald Trump issued an executive order (“EO”) titled Restoring Equality of Opportunity and Meritocracy, which targets disparate impact as a theory of liability for discrimination cases....more

Morgan, Brown & Joy, LLP

White House Issues Executive Order to Eliminate Disparate Impact Theory in the Enforcement of Discrimination Laws

On April 23, 2025, The Trump administration issued Executive Order (“EO”) 14821, entitled, “Restoring Equality of Opportunity and Meritocracy,” aimed at eliminating disparate impact liability in all contexts, including...more

Dinsmore & Shohl LLP

Executive Order Targets Disparate Impact Claims: Key Takeaways for Employers

Dinsmore & Shohl LLP on

On April 23, 2025, President Donald Trump signed an Executive Order titled Restoring Equality of Opportunity and Meritocracy (the Order). The Order calls for a government-wide rollback of disparate impact liability, a...more

Saul Ewing LLP

New Executive Order Limits EEOC Enforcement

Saul Ewing LLP on

On April 23, 2025, President Trump signed an Executive Order instructing federal agencies to “deprioritize” enforcement of disparate-impact discrimination claims (the “EO”)....more

Constangy, Brooks, Smith & Prophete, LLP

Has Trump's EO killed disparate impact claims?

Is the media buzz accurate? On Wednesday, President Donald Trump issued a new executive order, "Restoring Equality of Opportunity and Meritocracy." The buzz is that the President has wiped out disparate impact liability....more

Fisher Phillips

Goodbye, Guidance? Feds Limit Power Of Agency Guidance Documents - New Justice Department Policy Could Aid Employers Defending...

Fisher Phillips on

A short policy memorandum quietly issued by the U.S. Department of Justice’s No. 3 official late last month could end up having positive implications for employers defending claims brought by the federal government. The...more

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