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As we have previously reported, an early focus of the second Trump administration has been to oppose and dismantle Diversity, Equity, and Inclusion (DEI) initiatives, both in the federal government and in the private sector,...more
On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy,” directing federal agencies to effectively end the use of “disparate impact” liability in enforcing...more
On Wednesday, April 23, 2025, President Trump signed EO 14281, titled Restoring Equality of Opportunity and Meritocracy (EO), stating a new Trump Administration policy “to eliminate the use of disparate-impact liability in...more
On April 23, 2025, President Donald Trump issued an Executive Order that is intended to limit employees' and applicants' abilities to use the disparate impact theory of liability to establish violations of the Civil Rights...more
The disparate impact theory has long been used to argue that an employer’s facially neutral policy has a detrimental effect on a protected class of individuals. An often cited example is the use of an arrest to reject an...more
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
On April 23, 2025, President Donald Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the “Executive Order”) seeking to “eliminate the use of disparate-impact liability in all...more
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
On April 23, 2025, President Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”). This EO states its purpose as a solution to claims of employment discrimination based on...more
President Donald Trump issued the “Restoring Equality of Opportunity and Meritocracy” executive order (EO) on April 23, 2025. The stated purpose of the EO is “to eliminate the use of disparate-impact liability in all contexts...more
On April 23, 2025, President Trump signed an executive order aimed at eliminating enforcement of “disparate impact” discrimination claims, asserting that the disparate impact liability theory—used by courts for over five...more
In another major shift for workplaces, President Trump issued an executive order Wednesday with huge implications for employment discrimination claims. For decades, employers could face liability for policies and practices...more