H.R.711 - Fairness, Anti-discrimination and Individual Rights Act of 2025; FAIR Act of 2025 (119th Congress)
Summary
H.R.711, also known as the FAIR Act of 2025, aims to prohibit discrimination and preferential treatment based on race, color, or national origin in Federal actions. This includes Federal contracts, employment, and federally conducted programs. The bill also extends this prohibition to recipients of Federal financial assistance, covering contracts, employment, and educational institution admissions.
Expected Effects
If enacted, the FAIR Act would eliminate affirmative action policies and any programs designed to address historical discrimination within the federal government and by entities receiving federal funds. This could lead to changes in hiring practices, contracting procedures, and admissions policies across various sectors.
Potential Benefits
- Promotes equal opportunity by removing race, color, or national origin as factors in Federal decisions.
- Ensures that all individuals are treated the same under the law, regardless of their background.
- May lead to a more competitive environment in contracting and employment, based solely on merit.
- Reduces potential for reverse discrimination claims.
- Simplifies compliance for Federal agencies and recipients of Federal funds by establishing a clear standard of non-discrimination.
Potential Disadvantages
- May exacerbate existing inequalities by removing measures designed to address historical disadvantages faced by certain groups.
- Could lead to underrepresentation of minority groups in certain sectors, particularly in areas where affirmative action has been effective.
- May face legal challenges based on equal protection arguments and the need to remedy past discrimination.
- Could hinder efforts to promote diversity and inclusion in Federal programs and activities.
- May disproportionately affect organizations and institutions that have actively worked to create diverse environments.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with the Equal Protection Clause of the Fourteenth Amendment, which prohibits states from denying any person within their jurisdiction the equal protection of the laws. However, some argue that affirmative action programs are necessary to remedy past discrimination and ensure equal opportunity, which could be seen as consistent with the spirit of the Fourteenth Amendment. The bill's impact on existing jurisprudence related to affirmative action would need to be carefully considered.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).