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 disparate-impact liability.
The EO frames disparate impact as unconstitutional and suggests it “threatens the commitment to merit and equality of opportunity that forms the foundation of the American Dream.” The order instructs all federal agencies to eliminate or reduce enforcement actions based on disparate impact across employment, housing, lending, and education.
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