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President Trump Targets Disparate Impact Claims with New Executive Order

In another significant policy shift, President Trump signed an executive order on April 23, 2025, that could have huge implications for employment discrimination claims. The Executive Order requires the Equal Employment Opportunity Commission (EEOC) and Justice Department to review and reassess their investigations and lawsuits that rely on disparate impact theories, as part of the Trump Administration’s effort “to eliminate the use of disparate impact liability in all contexts to the maximum degree possible.”

Understanding Disparate Impact Claims

Disparate impact claims allow workers to challenge neutral employment policies that disproportionately affect members of a protected class, even if there was no intent to discriminate. This doctrine was first recognized by the U.S. Supreme Court in Griggs v. Duke Power Co. (1971) and later codified into law by Congress through the Civil Rights Act of 1991.

Under existing law, an employer can face liability if a neutral practice – such as requiring a college degree for certain jobs – has a disproportionate impact on a particular group of individuals based on a protected characteristic. Importantly, plaintiffs need not prove discriminatory intent – only that the outcome of a policy results in an adverse impact on a protected group.

Despite this Executive Order, it is important to note that unless Congress acts or the Supreme Court overturns the doctrine, disparate impact remains a viable cause of action for private litigants.

Key Takeaways from the Executive Order

According to the White House’s Fact Sheet on the Executive Order, the Trump administration views disparate impact as incompatible with the Constitution’s promise of equal treatment, arguing that it promotes race-based decision making. The Fact Sheet states:

  • The Order revokes presidential actions that approved of disparate-impact liability and sets in motion broader reform.

  • It directs all agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability.

  • The Order instructs the Attorney General to repeal or amend all Title VI (racial nondiscrimination) regulations that contemplate disparate-impact liability.

  • It directs the administration to assess all pending investigations, lawsuits, and consent judgements that rely on a theory of disparate-impact liability, and take appropriate action.

Looking Ahead: The Impact on Employers

For at least the remainder of the Trump administration, the EEOC and other federal agencies will significantly scale back or suspend all enforcement actions related to disparate impact discrimination claims. Although individual employees will still retain the right to bring disparate impact claims under state and federal laws, such claims may be harder to prove in an environment where key supporting rules and regulations are expected to be amended, repealed, or left unenforced. However, the underlying statutes and relevant case law remain unchanged, meaning disparate impact claims have not been eliminated altogether.

Employers should remain alert for new guidance from the Office of the Attorney General and the EEOC that may further clarify changes in enforcement priorities. These agencies are anticipated to release additional directives outlining how they intend to interpret and apply anti-discrimination laws going forward under the new policy framework.

Employers should carefully monitor regulatory updates, assess their employment practices for compliance risks, and be prepared for an evolving legal landscape where federal disparate impact claims become less of a threat—but not one to ignore entirely, especially given ongoing state-level protections and private litigation risks.

President Trump Targets Disparate Impact Claims with New Executive Order

In another significant policy shift, President Trump signed an executive order on April 23, 2025, that could have huge implications for employment discrimination claims. The Executive Order requires the Equal Employment Opportunity Commission (EEOC) and Justice Department to review and reassess their investigations and lawsuits that rely on disparate impact theories, as part of the Trump Administration’s effort “to eliminate the use of disparate impact liability in all contexts to the maximum degree possible.”

Understanding Disparate Impact Claims

Disparate impact claims allow workers to challenge neutral employment policies that disproportionately affect members of a protected class, even if there was no intent to discriminate. This doctrine was first recognized by the U.S. Supreme Court in Griggs v. Duke Power Co. (1971) and later codified into law by Congress through the Civil Rights Act of 1991.

Under existing law, an employer can face liability if a neutral practice – such as requiring a college degree for certain jobs – has a disproportionate impact on a particular group of individuals based on a protected characteristic. Importantly, plaintiffs need not prove discriminatory intent – only that the outcome of a policy results in an adverse impact on a protected group.

Despite this Executive Order, it is important to note that unless Congress acts or the Supreme Court overturns the doctrine, disparate impact remains a viable cause of action for private litigants.

Key Takeaways from the Executive Order

According to the White House’s Fact Sheet on the Executive Order, the Trump administration views disparate impact as incompatible with the Constitution’s promise of equal treatment, arguing that it promotes race-based decision making. The Fact Sheet states:

  • The Order revokes presidential actions that approved of disparate-impact liability and sets in motion broader reform.

  • It directs all agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability.

  • The Order instructs the Attorney General to repeal or amend all Title VI (racial nondiscrimination) regulations that contemplate disparate-impact liability.

  • It directs the administration to assess all pending investigations, lawsuits, and consent judgements that rely on a theory of disparate-impact liability, and take appropriate action.

Looking Ahead: The Impact on Employers

For at least the remainder of the Trump administration, the EEOC and other federal agencies will significantly scale back or suspend all enforcement actions related to disparate impact discrimination claims. Although individual employees will still retain the right to bring disparate impact claims under state and federal laws, such claims may be harder to prove in an environment where key supporting rules and regulations are expected to be amended, repealed, or left unenforced. However, the underlying statutes and relevant case law remain unchanged, meaning disparate impact claims have not been eliminated altogether.

Employers should remain alert for new guidance from the Office of the Attorney General and the EEOC that may further clarify changes in enforcement priorities. These agencies are anticipated to release additional directives outlining how they intend to interpret and apply anti-discrimination laws going forward under the new policy framework.

Employers should carefully monitor regulatory updates, assess their employment practices for compliance risks, and be prepared for an evolving legal landscape where federal disparate impact claims become less of a threat—but not one to ignore entirely, especially given ongoing state-level protections and private litigation risks.

President Trump Targets Disparate Impact Claims with New Executive Order

In another significant policy shift, President Trump signed an executive order on April 23, 2025, that could have huge implications for employment discrimination claims. The Executive Order requires the Equal Employment Opportunity Commission (EEOC) and Justice Department to review and reassess their investigations and lawsuits that rely on disparate impact theories, as part of the Trump Administration’s effort “to eliminate the use of disparate impact liability in all contexts to the maximum degree possible.”

Understanding Disparate Impact Claims

Disparate impact claims allow workers to challenge neutral employment policies that disproportionately affect members of a protected class, even if there was no intent to discriminate. This doctrine was first recognized by the U.S. Supreme Court in Griggs v. Duke Power Co. (1971) and later codified into law by Congress through the Civil Rights Act of 1991.

Under existing law, an employer can face liability if a neutral practice – such as requiring a college degree for certain jobs – has a disproportionate impact on a particular group of individuals based on a protected characteristic. Importantly, plaintiffs need not prove discriminatory intent – only that the outcome of a policy results in an adverse impact on a protected group.

Despite this Executive Order, it is important to note that unless Congress acts or the Supreme Court overturns the doctrine, disparate impact remains a viable cause of action for private litigants.

Key Takeaways from the Executive Order

According to the White House’s Fact Sheet on the Executive Order, the Trump administration views disparate impact as incompatible with the Constitution’s promise of equal treatment, arguing that it promotes race-based decision making. The Fact Sheet states:

  • The Order revokes presidential actions that approved of disparate-impact liability and sets in motion broader reform.

  • It directs all agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability.

  • The Order instructs the Attorney General to repeal or amend all Title VI (racial nondiscrimination) regulations that contemplate disparate-impact liability.

  • It directs the administration to assess all pending investigations, lawsuits, and consent judgements that rely on a theory of disparate-impact liability, and take appropriate action.

Looking Ahead: The Impact on Employers

For at least the remainder of the Trump administration, the EEOC and other federal agencies will significantly scale back or suspend all enforcement actions related to disparate impact discrimination claims. Although individual employees will still retain the right to bring disparate impact claims under state and federal laws, such claims may be harder to prove in an environment where key supporting rules and regulations are expected to be amended, repealed, or left unenforced. However, the underlying statutes and relevant case law remain unchanged, meaning disparate impact claims have not been eliminated altogether.

Employers should remain alert for new guidance from the Office of the Attorney General and the EEOC that may further clarify changes in enforcement priorities. These agencies are anticipated to release additional directives outlining how they intend to interpret and apply anti-discrimination laws going forward under the new policy framework.

Employers should carefully monitor regulatory updates, assess their employment practices for compliance risks, and be prepared for an evolving legal landscape where federal disparate impact claims become less of a threat—but not one to ignore entirely, especially given ongoing state-level protections and private litigation risks.

President Trump Targets Disparate Impact Claims with New Executive Order

In another significant policy shift, President Trump signed an executive order on April 23, 2025, that could have huge implications for employment discrimination claims. The Executive Order requires the Equal Employment Opportunity Commission (EEOC) and Justice Department to review and reassess their investigations and lawsuits that rely on disparate impact theories, as part of the Trump Administration’s effort “to eliminate the use of disparate impact liability in all contexts to the maximum degree possible.”

Understanding Disparate Impact Claims

Disparate impact claims allow workers to challenge neutral employment policies that disproportionately affect members of a protected class, even if there was no intent to discriminate. This doctrine was first recognized by the U.S. Supreme Court in Griggs v. Duke Power Co. (1971) and later codified into law by Congress through the Civil Rights Act of 1991.

Under existing law, an employer can face liability if a neutral practice – such as requiring a college degree for certain jobs – has a disproportionate impact on a particular group of individuals based on a protected characteristic. Importantly, plaintiffs need not prove discriminatory intent – only that the outcome of a policy results in an adverse impact on a protected group.

Despite this Executive Order, it is important to note that unless Congress acts or the Supreme Court overturns the doctrine, disparate impact remains a viable cause of action for private litigants.

Key Takeaways from the Executive Order

According to the White House’s Fact Sheet on the Executive Order, the Trump administration views disparate impact as incompatible with the Constitution’s promise of equal treatment, arguing that it promotes race-based decision making. The Fact Sheet states:

  • The Order revokes presidential actions that approved of disparate-impact liability and sets in motion broader reform.

  • It directs all agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability.

  • The Order instructs the Attorney General to repeal or amend all Title VI (racial nondiscrimination) regulations that contemplate disparate-impact liability.

  • It directs the administration to assess all pending investigations, lawsuits, and consent judgements that rely on a theory of disparate-impact liability, and take appropriate action.

Looking Ahead: The Impact on Employers

For at least the remainder of the Trump administration, the EEOC and other federal agencies will significantly scale back or suspend all enforcement actions related to disparate impact discrimination claims. Although individual employees will still retain the right to bring disparate impact claims under state and federal laws, such claims may be harder to prove in an environment where key supporting rules and regulations are expected to be amended, repealed, or left unenforced. However, the underlying statutes and relevant case law remain unchanged, meaning disparate impact claims have not been eliminated altogether.

Employers should remain alert for new guidance from the Office of the Attorney General and the EEOC that may further clarify changes in enforcement priorities. These agencies are anticipated to release additional directives outlining how they intend to interpret and apply anti-discrimination laws going forward under the new policy framework.

Employers should carefully monitor regulatory updates, assess their employment practices for compliance risks, and be prepared for an evolving legal landscape where federal disparate impact claims become less of a threat—but not one to ignore entirely, especially given ongoing state-level protections and private litigation risks.

President Trump Targets Disparate Impact Claims with New Executive Order

In another significant policy shift, President Trump signed an executive order on April 23, 2025, that could have huge implications for employment discrimination claims. The Executive Order requires the Equal Employment Opportunity Commission (EEOC) and Justice Department to review and reassess their investigations and lawsuits that rely on disparate impact theories, as part of the Trump Administration’s effort “to eliminate the use of disparate impact liability in all contexts to the maximum degree possible.”

Understanding Disparate Impact Claims

Disparate impact claims allow workers to challenge neutral employment policies that disproportionately affect members of a protected class, even if there was no intent to discriminate. This doctrine was first recognized by the U.S. Supreme Court in Griggs v. Duke Power Co. (1971) and later codified into law by Congress through the Civil Rights Act of 1991.

Under existing law, an employer can face liability if a neutral practice – such as requiring a college degree for certain jobs – has a disproportionate impact on a particular group of individuals based on a protected characteristic. Importantly, plaintiffs need not prove discriminatory intent – only that the outcome of a policy results in an adverse impact on a protected group.

Despite this Executive Order, it is important to note that unless Congress acts or the Supreme Court overturns the doctrine, disparate impact remains a viable cause of action for private litigants.

Key Takeaways from the Executive Order

According to the White House’s Fact Sheet on the Executive Order, the Trump administration views disparate impact as incompatible with the Constitution’s promise of equal treatment, arguing that it promotes race-based decision making. The Fact Sheet states:

  • The Order revokes presidential actions that approved of disparate-impact liability and sets in motion broader reform.

  • It directs all agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability.

  • The Order instructs the Attorney General to repeal or amend all Title VI (racial nondiscrimination) regulations that contemplate disparate-impact liability.

  • It directs the administration to assess all pending investigations, lawsuits, and consent judgements that rely on a theory of disparate-impact liability, and take appropriate action.

Looking Ahead: The Impact on Employers

For at least the remainder of the Trump administration, the EEOC and other federal agencies will significantly scale back or suspend all enforcement actions related to disparate impact discrimination claims. Although individual employees will still retain the right to bring disparate impact claims under state and federal laws, such claims may be harder to prove in an environment where key supporting rules and regulations are expected to be amended, repealed, or left unenforced. However, the underlying statutes and relevant case law remain unchanged, meaning disparate impact claims have not been eliminated altogether.

Employers should remain alert for new guidance from the Office of the Attorney General and the EEOC that may further clarify changes in enforcement priorities. These agencies are anticipated to release additional directives outlining how they intend to interpret and apply anti-discrimination laws going forward under the new policy framework.

Employers should carefully monitor regulatory updates, assess their employment practices for compliance risks, and be prepared for an evolving legal landscape where federal disparate impact claims become less of a threat—but not one to ignore entirely, especially given ongoing state-level protections and private litigation risks.

President Trump Targets Disparate Impact Claims with New Executive Order

In another significant policy shift, President Trump signed an executive order on April 23, 2025, that could have huge implications for employment discrimination claims. The Executive Order requires the Equal Employment Opportunity Commission (EEOC) and Justice Department to review and reassess their investigations and lawsuits that rely on disparate impact theories, as part of the Trump Administration’s effort “to eliminate the use of disparate impact liability in all contexts to the maximum degree possible.”

Understanding Disparate Impact Claims

Disparate impact claims allow workers to challenge neutral employment policies that disproportionately affect members of a protected class, even if there was no intent to discriminate. This doctrine was first recognized by the U.S. Supreme Court in Griggs v. Duke Power Co. (1971) and later codified into law by Congress through the Civil Rights Act of 1991.

Under existing law, an employer can face liability if a neutral practice – such as requiring a college degree for certain jobs – has a disproportionate impact on a particular group of individuals based on a protected characteristic. Importantly, plaintiffs need not prove discriminatory intent – only that the outcome of a policy results in an adverse impact on a protected group.

Despite this Executive Order, it is important to note that unless Congress acts or the Supreme Court overturns the doctrine, disparate impact remains a viable cause of action for private litigants.

Key Takeaways from the Executive Order

According to the White House’s Fact Sheet on the Executive Order, the Trump administration views disparate impact as incompatible with the Constitution’s promise of equal treatment, arguing that it promotes race-based decision making. The Fact Sheet states:

  • The Order revokes presidential actions that approved of disparate-impact liability and sets in motion broader reform.

  • It directs all agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability.

  • The Order instructs the Attorney General to repeal or amend all Title VI (racial nondiscrimination) regulations that contemplate disparate-impact liability.

  • It directs the administration to assess all pending investigations, lawsuits, and consent judgements that rely on a theory of disparate-impact liability, and take appropriate action.

Looking Ahead: The Impact on Employers

For at least the remainder of the Trump administration, the EEOC and other federal agencies will significantly scale back or suspend all enforcement actions related to disparate impact discrimination claims. Although individual employees will still retain the right to bring disparate impact claims under state and federal laws, such claims may be harder to prove in an environment where key supporting rules and regulations are expected to be amended, repealed, or left unenforced. However, the underlying statutes and relevant case law remain unchanged, meaning disparate impact claims have not been eliminated altogether.

Employers should remain alert for new guidance from the Office of the Attorney General and the EEOC that may further clarify changes in enforcement priorities. These agencies are anticipated to release additional directives outlining how they intend to interpret and apply anti-discrimination laws going forward under the new policy framework.

Employers should carefully monitor regulatory updates, assess their employment practices for compliance risks, and be prepared for an evolving legal landscape where federal disparate impact claims become less of a threat—but not one to ignore entirely, especially given ongoing state-level protections and private litigation risks.