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Executive Orders Disparate Impact Enforcement Actions

Blank Rome LLP

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th,...

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Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers...more

Berkshire

Private Plaintiff Attorneys Step Up in Title VII Disparate Impact Cases

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After the White House announced that it would “deprioritize” disparate impact cases, many employers may have mistakenly concluded that disparate impact liability was no longer a concern under Title VII. However, recent...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

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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

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

Whiteford

Employment Law Update: May 15 Disparate Impact Executive Order

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An Executive Order signed on April 23, 2025, promises to significantly limit federal enforcement tools in pursuing systemic discrimination claims. The Executive Order, titled “Restoring Equality in Opportunity and...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

Offit Kurman

The Changing Landscape of EEOC Enforcement and Disparate Impact

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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

Orrick, Herrington & Sutcliffe LLP

Executive order targets disparate-impact liability, promotes meritocracy

On April 23, the White House published an executive order titled “Restoring Equality of Opportunity and Meritocracy,” addressing the principle of equal opportunity in the U.S., and emphasizing “meritocracy and a colorblind...more

Ballard Spahr LLP

Disparate Impact Executive Order and HUD to Reconsider Disparate Impact Rule

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President Trump recently signed an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy“ to eliminate the use of disparate impact liability. The U.S. Department of Housing and Urban Development (HUD)...more

Woods Rogers

Executive Order Targets Disparate-Impact Liability

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On April 23, 2025, President Trump issued Executive Order (EO) 14281 titled “Restoring Equality of Opportunity and Meritocracy.” The EO establishes the current administration’s policy broadly opposing the use of...more

Mayer Brown

Trump Executive Order Seeks to Eliminate Disparate-Impact Liability

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On April 23, 2025, President Donald Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order announces the Administration’s intent to “seek to eliminate the use of...more

Maynard Nexsen

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

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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

Berkshire

New Executive Order Indicates Trump Administration Will De-Emphasize Disparate Impact Enforcement

Berkshire on

On April 23, 2025, the White House issued Executive Order 14281 entitled “Restoring Equality of Opportunity and Meritocracy” that announces the Administration’s policy “to eliminate the use of disparate impact liability in...more

McAfee & Taft

Impact of new Trump order targeting disparate impact liability

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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

Paul Hastings LLP

New Executive Order Attacks ‘Disparate Impact’ Liability

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On April 23, 2025, President Donald Trump signed the “Restoring Equality of Opportunity and Meritocracy” executive order (the Disparate Impact EO) directing federal agencies to eliminate the use of disparate impact liability...more

Dinsmore & Shohl LLP

Executive Order Targets Disparate Impact Claims: Key Takeaways for Employers

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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

McAfee & Taft

Impact of new Trump order targeting disparate impact liability

McAfee & Taft on

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

Fox Rothschild LLP

Trump Executive Order Rolls Back Disparate-Impact Enforcement

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President Trump has issued an executive order aimed at significantly reducing the use of disparate-impact analysis by federal agencies when enforcing anti-discrimination laws. Titled “Restoring Equality of Opportunity and...more

Mintz - Employment Viewpoints

Deep Impact: The Trump Administration’s Latest Executive Order Charts a Collision Course for Discriminatory Practices Proof

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

Saul Ewing LLP

New Executive Order Limits EEOC Enforcement

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

Pierce Atwood LLP

Disappearing Act: Latest Executive Order Takes Aim at Disparate Impact Liability

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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

Proskauer - California Employment Law

Trump Administration Issues Executive Order Aimed at Eliminating Disparate Impact Liability Under Anti-Discrimination Laws

On April 23, 2025, the White House issued an Executive Order (“EO”) entitled “Restoring Equality of Opportunity and Meritocracy,” which aims to “eliminate the use of disparate-impact liability in all contexts to the maximum...more

Akin Gump Strauss Hauer & Feld LLP

Restoring Equality of Opportunity and Meritocracy (Trump EO Tracker)

The use of disparate-impact liability in all contexts must be eliminated to avoid violating the Constitution and federal civil rights laws. Disparate-impact liability arises where a seemingly neutral policy or practice leads...more

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