On April 23, 2025, President Trump issued an Executive Order intended to dismantle Diversity Equity and Inclusion policies by eliminating the legal framework for claims based on disparate impact. Under laws like Title VII and California's FEHA, such claims focus on policies that disproportionately affect protected groups. The Executive Order argues that these claims hinder hiring and contradict the principle of equal protection. It instructs federal agencies not to pursue these claims while affirming that changes to implement this order require formal regulatory processes.
The Executive Order asserts a willful attempt to dismantle disparate impact theories under existing federal and state laws, focusing on eliminating obstacles to business decisions.
President Trump’s Executive Order aims to eliminate disparities in hiring based on the concern that disparate impact claims disrupt business operations and challenge equal protection under the law.
The new Executive Order is positioned as a response to what the Trump administration sees as bureaucratic hindrances posed by existing disparate impact liability in numerous employment contexts.
While the Executive Order moves to eliminate disparate impact liability, the current law remains intact and changes will need formal regulatory or legislative efforts.
#discrimination #diversity-equity-and-inclusion #new-legislation #employment-law #trump-administration
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