News & Analysis as of

Disparate Impact Title VI

Bond Schoeneck & King PLLC

President Trump Signs Executive Order Aimed at Eliminating Disparate-Impact Liability

On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the Order). Through this Executive Order, and accompanying Fact Sheet, the Trump Administration...more

ArentFox Schiff

Three Environmental Law Takeaways on President Trump Ordering DOJ to Rescind Civil Rights ‘Disparate Impact’ Regulations

ArentFox Schiff on

On April 22, the Trump Administration issued an Executive Order (EO) directing the US Department of Justice (DOJ) to begin to unwind “disparate impact” regulations that were established under federal civil rights laws. In the...more

Jackson Lewis P.C.

Does Employer Disparate Impact Liability Still Exist? The Latest EO Pushes to Eliminate It

Jackson Lewis P.C. on

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

Holland & Knight LLP

Trump Administration Seeks to Stop Federal Enforcement of Disparate Impact Liability

Holland & Knight LLP on

President Donald Trump on April 23, 2025, issued an executive order (EO) titled "Restoring Equality of Opportunity and Meritocracy," mandating the cessation of federal enforcement of the "disparate impact" theory of...more

Littler

Trump Administration Moves to Eliminate Federal Government’s Use of Disparate Impact Theory Liability

Littler on

On April 23, 2025, President Trump signed an executive order instructing that federal agencies cease using the disparate impact theory of liability under federal civil rights laws, including Title VII of the Civil Rights Act...more

Fisher Phillips

New Executive Order Takes On Disparate Impact Discrimination: 7 Major Takeaways for Employers

Fisher Phillips on

In another major shift for workplaces, President Trump issued an executive order Wednesday with huge implications for employment discrimination claims. For decades, employers could face liability for policies and practices...more

Stoel Rives - World of Employment

Executive Order Seeks to Repeal Disparate Impact Liability

On April 23, 2025, President Trump issued a new executive order aimed at repealing disparate impact liability.  The order, titled “Restoring Equality of Opportunity and Meritocracy”, frames equal treatment under the law as...more

McGlinchey Stafford

Fifth Circuit Permits Claims of Environmental Racism to Move Forward

McGlinchey Stafford on

In a case that has profound implications for the regulated community, particularly in the realms of environmental justice, civil rights, and land use planning, the U.S. Fifth Circuit Court of Appeals has permitted plaintiffs...more

Goldberg Segalla

EPA Disparate Impact Assessments Permanently Halted by Louisiana Federal Court

Goldberg Segalla on

On August 22, the U.S. District Court for the Western District of Louisiana permanently blocked the United States Environmental Protection Agency and the U.S. Department of Justice from implement Civil Rights Act Title VI...more

Troutman Pepper Locke

Louisiana v. EPA: A Turning Point for Title VI and Environmental Justice?

Troutman Pepper Locke on

At the end of January, a federal judge issued a ruling in a high-profile environmental justice case, Louisiana v. EPA, brought by Louisiana against the Environmental Protection Agency (EPA) and the U.S. Department of Justice...more

Latham & Watkins LLP

US EPA’s Environmental Justice Objectives on Trial

Latham & Watkins LLP on

As the objectives gain traction, they are meeting state resistance in court. The US Environmental Protection Agency’s (EPA’s) strategic plan for 2022–26, released in March 2022, added a new foundational principle to the...more

CDF Labor Law LLP

California Private Employers Who Engage in Diversity Efforts Should Be Paying Attention to UNC and Harvard Affirmative Action...

CDF Labor Law LLP on

In ten days, on October 31, 2022, the United States Supreme Court will hear oral arguments in two very important affirmative action education cases. In Students for Fair Admissions v. Harvard College (Harvard), the plaintiffs...more

Dorsey & Whitney LLP

The Supreme Court - July 2, 2021

Dorsey & Whitney LLP on

Hughes v. Northwestern University, No. 19-1401: Whether allegations that a defined-contribution retirement plan paid or charged its participants fees that substantially exceeded fees for alternative available investment...more

(ACOEL) | American College of Environmental...

Houston Highway Tests Biden’s Promise of Equitable Infrastructure

The Biden Administration has acknowledged the racist history of the U.S. interstate highway system and its ongoing negative impacts on many Black neighborhoods. Presidential Memorandum on Redressing Our Nation’s and the...more

Akerman LLP - Health Law Rx

HHS Issues Guidelines to Address Disturbing Trend of Racial Disparities in COVID-19 Testing and Treatment

Data collected during the coronavirus pandemic shows a disturbing trend of inequities in testing and treatment for COVID-19 among people of color. On July 20, 2020 the Department of Health and Human Services’ (HHS) Office for...more

Morrison & Foerster LLP

HUD Releases New Guidance on Limited English Proficiency Discrimination Under the Fair Housing Act

On September 15, 2016, the U.S. Department of Housing and Urban Development (HUD) issued guidance on how the nondiscrimination provisions in the Fair Housing Act (FHA) apply to persons who consider an individual’s “Limited...more

Ballard Spahr LLP

HUD expands fair housing liability to include LEP discrimination

Ballard Spahr LLP on

Last week, HUD issued new guidance confirming that persons with limited English proficiency (LEP) are protected under the Fair Housing Act (FHA). LEP includes a limited ability to read, write, speak, or understand English. ...more

Bergeson & Campbell, P.C.

Ninth Circuit Issues Decision in Civil Rights Case in Review of California SIP

On May 8, 2015, in El Comite Para El Bienestar De Earlimart v. EPA, a Panel of the U.S. Court of Appeals for the Ninth Circuit denied a petition for review filed by several groups that the court describes as “community...more

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