The Trump administration's campaign against diversity, equity, and inclusion (DEI) initiatives has gained momentum, leading to policy revisions by various corporations and government agencies. Recent actions by the Justice Department emphasize a shift towards targeting disparate-impact liability, a legal doctrine criticized for enabling race-based policies without actual evidence of discrimination. A case involving the Durham fire department exemplifies the adverse effects of this doctrine, prompting increased scrutiny and potential changes to hiring practices in several municipalities as the administration moves to reinforce race-neutral assessments.
The Trump administration has successfully attacked diversity, equity, and inclusion programs, leading to a significant revision of policies across various sectors, including education and government.
Disparate-impact liability allows for race-based policies without proof of racial discrimination, posing potential threats to fairness and constitutionality in law enforcement and public sector employment.
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