In October 2024, the Justice Department’s Civil Rights Division reached a proposed $2.75 million settlement with the Maryland Department of State Police after alleging that the agency’s written exam and physical fitness test disproportionately excluded Black and female applicants and were not job-related or consistent with business necessity. The agreement required monetary relief and priority hiring opportunities for up to 25 previously disqualified candidates who met lawful hiring requirements.
Four months later, in February 2025, new Justice Department leadership moved to dismiss the case. Two months after that, President Trump signed Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy,” which directed federal agencies to deprioritize disparate-impact enforcement to the maximum extent permitted by law.
For federal managers, the shift is real, but it should be described precisely. The underlying statutes did not disappear. Title VII’s disparate-impact framework remains codified in federal law. The Supreme Court has recognized disparate-impact claims under the Fair Housing Act.
Private Title VII plaintiffs can still bring disparate-impact employment claims, and private Fair Housing Act plaintiffs can still bring disparate-impact housing claims. Title VI is different: Under Alexander v. Sandoval, private plaintiffs cannot enforce disparate-impact regulations under Title VI, leaving agency enforcement especially important in that area.
The Equal...
Jeon Han-gil, a political YouTuber and former Korean history lecturer, who spread false information about President Lee Jae Myung and Reform Party leader Lee Jun-seok, and advocated the "1980 Gwan...