News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Disparate Impact

Franczek P.C.

Week in Review: 7 Legal Developments you Should Know About

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As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more

Parker Poe Adams & Bernstein LLP

EEOC Ends Payments to State Agencies to Investigate Gender Identity and Disparate Impact Claims

On May 20, the Equal Employment Opportunity Commission announced that it will no longer provide funding to state and local EEO agencies for purposes of investigating or prosecuting discrimination charges based on allegations...more

Cooley LLP

EEOC Opens 2024 EEO-1 Data Collection – With a Title VII Compliance Reminder

Cooley LLP on

The Equal Employment Opportunity Commission (EEOC) recently opened its 2024 EEO-1 Component 1 data collection portal and announced that covered employers have until June 24, 2025, to submit and certify their EEO-1 reports....more

Kelley Drye & Warren LLP

EEOC Doubles Down on Targeting of Disparate Impact Liability

Acting EEOC Chair Andrea Lucas issued a public statement regarding the 2024 EEO-1 Component 1 data-collection portal. The statement serves as a reminder for employers to complete their reporting obligations by June 24, 2025,...more

FordHarrison

EEO-1 Portal Open for Filing May 20, 2025

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The EEOC announced the opening of the 2024 EEO-1 Component 1 data collection on May 20, 2025, as anticipated in our previous legal alert on the topic.  With the opening of the portal, covered employers are now able to submit...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Acting Director Warns No ‘Diversity Exception’ to Title VII in Announcing EEO-1 Reporting Period Opening

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) opened the platform for employers to submit EEO-1 reports. In doing so, EEOC Acting Director Andrea Lucas warned employers not to use the data to take...more

Akerman LLP - HR Defense

The Trump Administration Targets Disparate Impact Discrimination Liability: What Employers Need to Know

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

Constangy, Brooks, Smith & Prophete, LLP

Filing window for 2024 EEO-1 Reports now open

Window closes June 24 – and don’t expect an extension.   The Equal Employment Opportunity Commission announced the opening of the 2024 EEO-1 Component 1 data collection. Covered employers have until June 24, 2025, to submit...more

Potomac Law Group, PLLC

Disparate Impact Under Fire: What EO 14281 Means for Equal Opportunity

Since the 1970s, federal civil rights statutes—and many state analogues—have imposed liability for ‘disparate impact’: when facially neutral policies disproportionately harm protected groups. Liability can attach even without...more

Venable LLP

New Trump Executive Order Dismantles Disparate Impact Liability

Venable LLP on

On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need...more

Keating Muething & Klekamp PLL

More on Equal Opportunity: Executive Order Seeks to End Disparate Impact Liability to promote Equal Opportunity

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

DCI Consulting

District Court Ruling Reinforces Justification for Employers to Collect Demographic Data

DCI Consulting on

Recently, there have been many questions regarding the collection of demographic data from employees and applicants by employers. Executive Order 14173 and other executive and agency actions by the Trump administration have...more

Husch Blackwell LLP

Trump Administration Moves to End Disparate Impact Liability

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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

Foley & Lardner LLP

Disparate-Impact Liability Gets Cancelled: Trump Executive Order Seeks to Eradicate Disparate-Impact Liability From Federal (And...

Foley & Lardner LLP on

On April 23, 2025, President Donald Trump issued an executive order titled “Restoring Equality of Opportunity and Meritocracy” (“the EO”). The EO, by its own terms, seeks to “to eliminate the use of disparate-impact...more

Harris Beach Murtha PLLC

Executive Order Barring Use of Disparate Impact Theory Affects EEOC Claims

On April 23, 2025, President Donald Trump issued an Executive Order (Order) titled, “Restoring Equality of Opportunity and Meritocracy,” which prohibits federal agencies, including the Equal Employment Opportunity Commission...more

Arnall Golden Gregory LLP

President Trump Issues Executive Order “Restoring Equality of Opportunity and Meritocracy” Directed at Disparate Impact...

On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the “Executive Order”). The stated policy purpose of the Executive Order is to “eliminate the use of...more

Lippes Mathias LLP

Executive Order Limits Use of Disparate Impact Theory Under Civil Rights Act

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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

Vedder Price

President Trump Issues Executive Order to Curtail the Use of Disparate Impact Liability Under Federal Anti-Discrimination Law

Vedder Price on

On April 23, 2025, President Donald J. Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”), which aims to eliminate disparate impact as a theory of liability for unlawful...more

Vorys, Sater, Seymour and Pease LLP

New Executive Order Seeks to Eliminate Disparate-Impact Liability

On April 23, 2025, President Trump issued an executive order (EO) titled Restoring Equality of Opportunity and Meritocracy.  This EO seeks to eliminate the use of disparate-impact liability in various contexts, arguing that...more

Hinckley Allen

Trump’s Latest Executive Order Addressing Discrimination Claims: What Does This Mean for Disparate Impact Liability?

Hinckley Allen on

On April 23, 2025, President Trump issued his executive order, Restoring Equality of Opportunity and Meritocracy (“EO”).  The EO’s stated purpose is “to eliminate the use of disparate-impact liability in all contexts to the...more

Frantz Ward LLP

Trump Attempts to Eliminate Disparate Impact Theory via Recent Executive Order

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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

Lathrop GPM

Executive Order Shifts Federal Enforcement Away from Disparate Impact Theory of Discrimination Liability

Lathrop GPM on

An Executive Order signed by President Trump on April 23, titled “Restoring Equality of Opportunity and Meritocracy,” directs federal agencies to shift their enforcement of civil rights laws away from disparate impact...more

Offit Kurman

The Changing Landscape of EEOC Enforcement and Disparate Impact

Offit Kurman on

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss a new executive order directing the EEOC not to pursue or investigate claims of disparate impact. They explain the...more

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

Polsinelli

New Executive Order Seeks To Eliminate Disparate Impact Liability

Polsinelli on

Key Takeaways - Disparate impact liability holds employers accountable for policies that appear neutral, but disproportionately harm a protected group, even without discriminatory intent....more

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