Restoring Equality of Opportunity and Meritocracy
Summary
This executive order aims to eliminate the use of disparate-impact liability, asserting it undermines equal opportunity and meritocracy. It revokes prior presidential approvals of regulations that incorporate disparate-impact standards. The order directs agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability.
Expected Effects
The likely effect is a shift away from policies and practices that consider group outcomes in assessing discrimination. This could lead to changes in hiring practices, lending, and other areas where disparate-impact analysis has been used to identify and address potential discrimination. It will likely reduce the number of lawsuits based on disparate impact.
Potential Benefits
- Potentially reduces burdens on businesses related to compliance with disparate-impact regulations.
- May encourage hiring and promotion decisions based solely on individual merit and qualifications.
- Could lead to a more streamlined and efficient regulatory environment.
- Aligns with the principle of treating individuals as individuals, not as members of a group.
- May reduce the number of frivolous lawsuits.
Most Benefited Areas:
Potential Disadvantages
- Could weaken protections against systemic discrimination.
- May exacerbate existing inequalities if underlying discriminatory practices are not addressed.
- Could disproportionately harm minority groups and other protected classes.
- May lead to a less diverse workforce and fewer opportunities for underrepresented groups.
- Potentially undermines the effectiveness of civil rights laws.
Constitutional Alignment
The order argues that disparate-impact liability violates equal protection under the law, referencing the Constitution. However, the Constitution does not explicitly define 'equal protection' in a way that prohibits considering disparate impact. The Fourteenth Amendment's Equal Protection Clause is often interpreted to prevent intentional discrimination, but the legality of considering disparate impact has been debated. The order's alignment with the Constitution is therefore debatable and depends on one's interpretation of 'equal protection'.
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).