On April 23, 2025, President Donald Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the “Executive Order”) seeking to “eliminate the use of disparate-impact liability in all contexts to the maximum degree possible.”

Disparate impact liability, first recognized under Title VII of the Civil Rights Act of 1964 by the U.S. Supreme Court in Griggs v. Duke Power Co. (1971), provides that a facially neutral policy that is applied without any discriminatory intent can still give rise to a claim of discrimination if it has a disproportionate impact on a protected group.

The Executive Order directs various executive departments and agencies to take the following actions:

• All executive departments/agencies are ordered to “deprioritize enforcement of all statutes and regulations to the extent they include disparate-impact liability”;
• The Attorney General is ordered to report “(i) all existing regulations, guidance, rules, or orders that impose disparate-impact liability or similar requirements, and detail agency steps for their amendment or repeal, as appropriate under applicable law; and (ii) other laws or decisions, including at the State level, that impose disparate-impact liability and any appropriate measures to address any constitutional or other legal infirmities” to President Trump;
• The Attorney General is ordered to “initiate appropriate action to repeal or amend the implementing regulations for Title VI of the Civil Rights Act of...

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