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30 April 2025 / Essay
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Copy LinkExecutive Order 14281, signed April 23, 2025, states that the administration’s policy and enforcement position is to eliminate the use of disparate (or adverse) impact to prove employment discrimination under Title VII of the Civil Rights Act of 1964. The order encourages a return to evaluating candidates on individual merit, skill, and qualifications rather than group-based statistical outcomes and directs all federal agencies, including the Equal Employment Opportunity Commission (EEOC) and the Department of Justice, to focus less on enforcing and litigating disparate impact claims. It also asks them to review and possibly change or repeal existing regulations, guidance, and consent decrees that impose disparate impact liability on businesses.
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