April 29, 2025

DOJ Civil Rights Division banned from disparate impact litigation

Executive order guts "disparate-impact" tool fighting workplace discrimination

📋Public Policy📜Constitutional Law✊Civil Rights

President Donald J. Trump signed Executive Order 14281, 'Restoring Equality of Opportunity and Meritocracy,' on Apr. 23, 2025, directing federal agencies to halt use of disparate-impact standards in civil-rights enforcement (Question 1, White House Executive Order Text).

Executive Order 14281 labels disparate-impact liability a 'pernicious movement,' orders agencies to cease reliance on it, and instructs them to inventory and propose repeal of all rules based on disparate-impact analysis within 45 days—by May 23, 2025 (Questions 3, 8, White House Executive Order Text; Epstein Becker Green Analysis).

EO 14281 moves to dismantle the disparate-impact provisions of Executive Order 11246, which since 1965 has required federal contractors to avoid workplace discrimination (Question 4, Wikipedia EO 11246 page).

42 U.S.C. § 2000e-2(k), added by the Civil Rights Act of 1991, codifies the burden-shifting framework for disparate-impact claims under Title VII (Questions 6, 9, 19, govinfo.gov).

Griggs v. Duke Power (1971) is the Supreme Court decision that launched the disparate-impact doctrine by ruling facially neutral practices unlawful if they disproportionately harmed Black workers without business necessity (Question 7, Oyez).

📋Public Policy📜Constitutional Law✊Civil Rights

Test Your Knowledge

EO 14281 says the United States 'guarantees' which of the following?

The order immediately repeals Title VII of the Civil Rights Act.

Which law firm published the widely circulated April 29 client alert dissecting EO 14281?

On what date did President Trump sign Executive Order 14281, 'Restoring Equality of Opportunity and Meritocracy'?

Which legal doctrine does EO 14281 label a 'pernicious movement'?

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People, bills, and sources

President Donald J. Trump

signed EO 14281 on Apr. 23, 2025, halting disparate-impact enforcement.

Jenny Yang, former Chair of the U.S. Equal Employment Opportunity Commission

warned in Reuters/Axios that the rollback makes it harder to detect bias in AI hiring tools (Question 10, Axios/Reuters).

What you can do

Download the full text of EO 14281 at https://www.whitehouse.gov/presidential-actions/2025/04/restoring-equality-of-opportunity-and-meritocracy/ and review Section 3 to note the 45-day deadline (until May 23, 2025) for agencies to propose repeal of disparate-impact rules.

Employers and HR departments should read the Epstein Becker Green client alert at https://www.ebglaw.com/insights/publications/new-executive-order-addresses-disparate-impact-liability-key-implications-for-employers to identify which internal policies rely on disparate-impact analysis and develop alternative compliance measures.

Federal contractors must monitor the OFCCP website (https://www.dol.gov/agencies/ofccp) for updated guidance on enforcement of EO 11246’s disparate-impact provisions and adjust affirmative-action plans accordingly.

Litigants in Title VII cases should consult 42 U.S.C. § 2000e-2(k) at https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap21-subchapVI-sec2000e-2.htm to understand current burdens of proof for disparate-impact claims.

Organizations using algorithmic hiring tools can review the Reuters/Axios report at https://www.axios.com/2025/04/29/trump-law-civil-rights-workers-discrimination to assess risks of hidden bias highlighted by Jenny Yang.