Trump orders end to federal enforcement of "disparate impact" civil rights protections, removing a key tool against systemic bias in jobs, housing, and lending. Critics warn the move could worsen inequality and face major legal challenges.
President Donald Trump has ordered federal agencies to stop enforcing civil rights laws based on "disparate impact", a legal principle that targets unintentional policies that disproportionately harm protected groups like women and minorities. This change affects areas like employment, housing, education, and lending.
What is Disparate Impact?
"Disparate impact" refers to policies that seem neutral but result in unequal outcomes for certain groups. It was first recognized by the U.S. Supreme Court in 1971 (Griggs v. Duke Power), and later added into law by Congress in 1991. The concept has been widely used to hold employers and institutions accountable even when discrimination isn’t intentional, encouraging more inclusive practices.
Why is Trump Opposed?
In an April executive order, Trump argued that disparate impact lawsuits undermine merit-based decisions and are part of a broader agenda to prioritize diversity over qualifications. He believes these rules unfairly assume discrimination exists when group outcomes differ, even for legitimate reasons.
What Do Advocates Say?
Civil rights groups argue that the disparate impact standard is crucial to uncover and address systemic discrimination. They say the removal of this tool could worsen existing inequalities and make it harder to hold organizations accountable for biased outcomes.
Examples of Disparate Impact:
- Physical tests that disproportionately screen out women or older workers
- Refusing to hire individuals with criminal records, which can disproportionately affect Black and Hispanic applicants
- Loan denial policies based on credit scores, which may impact minority groups more heavily
- Such policies are legal if they're necessary for the business, like requiring law degrees for lawyers.
What Does the Order Do?
Trump's directive tells federal agencies, including those overseeing employment, housing, and lending to stop using disparate impact in enforcement and reconsider existing cases and settlements. That could undo past agreements that required anti-discrimination reforms.
What Happens Next?
The move is likely to halt some government investigations and discourage new ones. Legal challenges are expected from civil rights groups and Democratic officials, arguing the executive order goes beyond Trump’s legal authority. Many of his recent executive actions have already faced lawsuits.
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