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On Wednesday, April 23rd, President Trump signed an Executive Order (EO) titled “Restoring Equality of Opportunity and Meritocracy,” which renounces disparate impact theories of discrimination, and signals a significant shift...more
In what may provide the U.S. Equal Employment Opportunity Commission (EEOC) the ability to move forward with implementing policy changes, issuing new guidance, and rescinding other guidance, President Donald Trump nominated...more
On April 23, 2025, President Trump signed an Executive Order (EO) titled, Restoring Equality of Opportunity and Meritocracy, which addresses disparate impact discrimination....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
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
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
In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race-or sex-based favoritism,” President Trump issued a new executive order on April 23, 2025, titled “Restoring Equality...more
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
The Trump Administration issued its latest Executive Order entitled Restoring Equality of Opportunity and Meritocracy (the “EO”) on April 23, 2025. The EO focuses on “disparate impact” discrimination and is the latest in a...more
On April 23, 2025, President Trump signed an Executive Order instructing federal agencies to “deprioritize” enforcement of disparate-impact discrimination claims (the “EO”)....more
President Donald Trump on April 23, 2025, issued an executive order (EO) titled "Restoring Equality of Opportunity and Meritocracy," mandating the cessation of federal enforcement of the "disparate impact" theory of...more
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
In his first fifty days in office, President Trump has taken numerous actions to consolidate the power of the Executive Branch. Shortly after taking office, he dismissed heads of multiple Executive Branch agencies and...more
Resistance is building. In his third week in office, President Trump is beginning to meet with resistance to some of his initiatives. Here is the latest. Court blocks voluntary separation program -- at least, until Monday....more
When Dobbs v. Jackson Women’s Health Organization (2022) was decided, the issue of abortion regulation was returned to the states. This gave rise to a patchwork of new restrictive state abortion laws leading to inevitable...more
As part of its efforts to rescind outdated guidance on a rolling basis, the EEOC recently dispensed with a 22-year-old policy statement that disfavored mandatory arbitration agreements between employers and employees....more
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
Seyfarth Synopsis: We are once again pleased to offer our loyal blog readers a breakdown of the five most intriguing developments in EEOC litigation in 2017, in addition to a pre-publication preview of our annual report on...more