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Disparate Impact Equal Employment Opportunity Commission (EEOC)

Keating Muething & Klekamp PLL

More on Equal Opportunity: Executive Order Seeks to End Disparate Impact Liability to promote Equal Opportunity

On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy,” directing federal agencies to effectively end the use of “disparate impact” liability in enforcing...more

DCI Consulting

District Court Ruling Reinforces Justification for Employers to Collect Demographic Data

DCI Consulting on

Recently, there have been many questions regarding the collection of demographic data from employees and applicants by employers. Executive Order 14173 and other executive and agency actions by the Trump administration have...more

Husch Blackwell LLP

Trump Administration Moves to End Disparate Impact Liability

Husch Blackwell LLP on

On Wednesday, April 23rd, President Trump signed an Executive Order (EO) titled “Restoring Equality of Opportunity and Meritocracy,” which renounces disparate impact theories of discrimination, and signals a significant shift...more

Foley & Lardner LLP

Disparate-Impact Liability Gets Cancelled: Trump Executive Order Seeks to Eradicate Disparate-Impact Liability From Federal (And...

Foley & Lardner LLP on

On April 23, 2025, President Donald Trump issued an executive order titled “Restoring Equality of Opportunity and Meritocracy” (“the EO”). The EO, by its own terms, seeks to “to eliminate the use of disparate-impact...more

Harris Beach Murtha PLLC

Executive Order Barring Use of Disparate Impact Theory Affects EEOC Claims

On April 23, 2025, President Donald Trump issued an Executive Order (Order) titled, “Restoring Equality of Opportunity and Meritocracy,” which prohibits federal agencies, including the Equal Employment Opportunity Commission...more

Arnall Golden Gregory LLP

President Trump Issues Executive Order “Restoring Equality of Opportunity and Meritocracy” Directed at Disparate Impact...

On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the “Executive Order”). The stated policy purpose of the Executive Order is to “eliminate the use of...more

Lippes Mathias LLP

Executive Order Limits Use of Disparate Impact Theory Under Civil Rights Act

Lippes Mathias LLP on

On April 23, 2025, President Donald Trump issued an Executive Order that is intended to limit employees' and applicants' abilities to use the disparate impact theory of liability to establish violations of the Civil Rights...more

Vedder Price

President Trump Issues Executive Order to Curtail the Use of Disparate Impact Liability Under Federal Anti-Discrimination Law

Vedder Price on

On April 23, 2025, President Donald J. Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”), which aims to eliminate disparate impact as a theory of liability for unlawful...more

Vorys, Sater, Seymour and Pease LLP

New Executive Order Seeks to Eliminate Disparate-Impact Liability

On April 23, 2025, President Trump issued an executive order (EO) titled Restoring Equality of Opportunity and Meritocracy.  This EO seeks to eliminate the use of disparate-impact liability in various contexts, arguing that...more

Hinckley Allen

Trump’s Latest Executive Order Addressing Discrimination Claims: What Does This Mean for Disparate Impact Liability?

Hinckley Allen on

On April 23, 2025, President Trump issued his executive order, Restoring Equality of Opportunity and Meritocracy (“EO”).  The EO’s stated purpose is “to eliminate the use of disparate-impact liability in all contexts to the...more

Frantz Ward LLP

Trump Attempts to Eliminate Disparate Impact Theory via Recent Executive Order

Frantz Ward LLP on

The disparate impact theory has long been used to argue that an employer’s facially neutral policy has a detrimental effect on a protected class of individuals. An often cited example is the use of an arrest to reject an...more

Lathrop GPM

Executive Order Shifts Federal Enforcement Away from Disparate Impact Theory of Discrimination Liability

Lathrop GPM on

An Executive Order signed by President Trump on April 23, titled “Restoring Equality of Opportunity and Meritocracy,” directs federal agencies to shift their enforcement of civil rights laws away from disparate impact...more

Offit Kurman

The Changing Landscape of EEOC Enforcement and Disparate Impact

Offit Kurman on

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss a new executive order directing the EEOC not to pursue or investigate claims of disparate impact. They explain the...more

Nelson Mullins Riley & Scarborough LLP

Disparate Impact: Executive Order Restoring Equality of Opportunity and Meritocracy v. Title VII & the Courts

On April 23, 2025, President Trump signed an Executive Order (EO) titled, Restoring Equality of Opportunity and Meritocracy, which addresses disparate impact discrimination....more

Polsinelli

New Executive Order Seeks To Eliminate Disparate Impact Liability

Polsinelli on

Key Takeaways - Disparate impact liability holds employers accountable for policies that appear neutral, but disproportionately harm a protected group, even without discriminatory intent....more

Woods Rogers

Executive Order Targets Disparate-Impact Liability

Woods Rogers on

On April 23, 2025, President Trump issued Executive Order (EO) 14281 titled “Restoring Equality of Opportunity and Meritocracy.” The EO establishes the current administration’s policy broadly opposing the use of...more

Kelley Drye & Warren LLP

Trump Targets a Major Legal Theory of Discrimination

We all know what ​“intentional” discrimination means. But what about facially non-discriminatory policies or practices that have a discriminatory effect? The U.S. Supreme Court invented a then-novel, and still somewhat...more

Mayer Brown

Trump Executive Order Seeks to Eliminate Disparate-Impact Liability

Mayer Brown on

On April 23, 2025, President Donald Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order announces the Administration’s intent to “seek to eliminate the use of...more

Sheppard Mullin Richter & Hampton LLP

New Executive Order Aims to End Disparate Impact Liability for Discrimination

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...more

Maynard Nexsen

The End of Disparate Impact Claims? Executive Order Calls Into Question Common Theory of Liability.

Maynard Nexsen on

Last week, President Donald Trump issued an executive order (“EO”) titled Restoring Equality of Opportunity and Meritocracy, which targets disparate impact as a theory of liability for discrimination cases....more

Morgan, Brown & Joy, LLP

White House Issues Executive Order to Eliminate Disparate Impact Theory in the Enforcement of Discrimination Laws

On April 23, 2025, The Trump administration issued Executive Order (“EO”) 14821, entitled, “Restoring Equality of Opportunity and Meritocracy,” aimed at eliminating disparate impact liability in all contexts, including...more

Berkshire

New Executive Order Indicates Trump Administration Will De-Emphasize Disparate Impact Enforcement

Berkshire on

On April 23, 2025, the White House issued Executive Order 14281 entitled “Restoring Equality of Opportunity and Meritocracy” that announces the Administration’s policy “to eliminate the use of disparate impact liability in...more

McAfee & Taft

Impact of new Trump order targeting disparate impact liability

McAfee & Taft on

In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race-or sex-based favoritism,” President Trump issued a new executive order on April 23, 2025, titled “Restoring Equality...more

Paul Hastings LLP

New Executive Order Attacks ‘Disparate Impact’ Liability

Paul Hastings LLP on

On April 23, 2025, President Donald Trump signed the “Restoring Equality of Opportunity and Meritocracy” executive order (the Disparate Impact EO) directing federal agencies to eliminate the use of disparate impact liability...more

Dinsmore & Shohl LLP

Executive Order Targets Disparate Impact Claims: Key Takeaways for Employers

Dinsmore & Shohl LLP on

On April 23, 2025, President Donald Trump signed an Executive Order titled Restoring Equality of Opportunity and Meritocracy (the Order). The Order calls for a government-wide rollback of disparate impact liability, a...more

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