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Equal Protection Disparate Impact Department of Justice (DOJ)

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Pillsbury Winthrop Shaw Pittman LLP

Attorney General Bondi Issues Guidance to Recipients of Federal Funding “Regarding Unlawful Discrimination”

While some aspects of the Guidance reflect longstanding interpretations of federal antidiscrimination law, it signals an important shift in enforcement priorities. The Guidance states that the use of race-neutral criteria is...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

Seyfarth Shaw LLP

New Executive Order Directs Federal Agencies to Deprioritize Disparate Impact: What Employers Need to Know Now

Seyfarth Shaw LLP on

On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order declares a sweeping new federal policy: “It is the policy of the United States to eliminate...more

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