President Trump issued an executive order that significantly reduces the enforcement of disparate-impact liability, a critical mechanism in civil rights law. This decision has sparked concern among civil rights advocates, fearing it will hinder protections against discrimination in various sectors, including housing and employment. Critics like former EEOC chair Jenny Yang emphasize that this move could regress decades of progress. The administration argues that this liability imposes undue burdens on employers, claiming it disrupts meritocracy and violates constitutional principles of equal protection.
This effort by the administration to remove this tool sets us back decades, said Jenny Yang, who chaired the Equal Employment Opportunity Commission under President Barack Obama.
The order directs federal agencies to deprioritize enforcement of statutes that include disparate-impact liability, which has long enabled courts to stop policies that unfairly exclude people.
The Trump administration argues that disparate-impact liability has handcuffed employers, threatening meritocracy by requiring them to consider racial balances.
Derek Black remarked that the administration was misstating the law, suggesting disparate-impact liability does not create a presumption of unlawful discrimination.
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