doctrine
Restoring Equality of Opportunity and Meritocracy
Delivered
Eliminate the use of disparate-impact liability across all contexts to the maximum extent possible.
“It is the policy of the United States to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible to avoid violating the Constitution, Federal civil rights laws, and basic American ideals.” (p. 1)
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final rule
Rescinding Portions of the National Foundation on the Arts and Humanities Title VI Regulations To Conform More Closely With the Statutory Text and To Implement Executive Order 14281
Forward-tagged at scan extraction (specific-intent match).
Deadline passed · no action observed
Revoke prior presidential approvals of specified Department of Justice Title VI regulations that support disparate-impact liability.
“The following Presidential approvals of the regulations promulgated under 42 U.S.C. 2000d–1 are hereby revoked” (p. 2)
No action observed
Direct all agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability.
“all agencies shall deprioritize enforcement of all statutes and regulations to the extent they include disparate-impact liability, including but not limited to 42 U.S.C. 2000e–2, 28 C.F.R. 42.104(b)(2)–(3), 28 C.F.R. 42.104(b)(6)(ii), and 28 C.F.R. 42.104(c)(2).” (p. 2)
Delivered
The Attorney General will initiate action to repeal or amend Title VI implementing regulations for all agencies to the extent they contemplate disparate-impact liability.
“the Attorney General shall initiate appropriate action to repeal or amend the implementing regulations for Title VI of the Civil Rights Act of 1964 for all agencies to the extent they contemplate disparate-impact liability.” (p. 2)
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final rule
Rescinding Portions of the National Foundation on the Arts and Humanities Title VI Regulations To Conform More Closely With the Statutory Text and To Implement Executive Order 14281
Forward-tagged at scan extraction (specific-intent match).
Deadline passed · no action observed
The Attorney General, coordinating with all agency heads, will report to the President on existing regulations, guidance, rules, or orders that impose disparate-impact liability and steps to amend or repeal them.
“Within 30 days of the date of this order, the Attorney General, in coordination with the heads of all other agencies, shall report to the President, through the Assistant to the President for Domestic Policy” (p. 2)
Deadline passed · no action observed
The report will also identify other laws or decisions, including at the State level, that impose disparate-impact liability and measures to address legal infirmities.
“other laws or decisions, including at the State level, that impose disparate-impact liability and any appropriate measures to address any constitutional or other legal infirmities.” (p. 2)
Deadline passed · no action observed
The Attorney General and EEOC Chair will assess all pending investigations, civil suits, or positions in ongoing federal civil rights matters relying on disparate-impact theories and take appropriate action.
“the Attorney General and the Chair of the Equal Employment Opportunity Commission shall assess all pending investigations, civil suits, or positions taken in ongoing matters under every Federal civil rights law within their respective jurisdictions, including Title VII of the Civil Rights Act of 1964, that rely on a theory of disparate-impact liability, and shall take appropriate action with respect to such matters consistent with the policy of this order.” (p. 2)
Deadline passed · no action observed
DOJ, HUD, CFPB, FTC, and other enforcement agencies for ECOA, the Fair Housing Act, and UDAP laws will evaluate pending proceedings relying on disparate-impact theories and take appropriate action.
“the Attorney General, the Secretary of Housing and Urban Development, the Director of the Consumer Financial Protection Bureau, the Chair of the Federal Trade Commission, and the heads of other agencies responsible for enforcement of the Equal Credit Opportunity Act (Public Law 93–495), Title VIII of the Civil Rights Act of 1964 (the Fair Housing Act (Public Law 90–284, as amended)), or laws prohibiting unfair, deceptive, or abusive acts or practices shall evaluate all pending proceedings that rely on theories of disparate-impact liability and take appropriate action” (p. 2)
Deadline passed · no action observed
All agencies will evaluate existing consent judgments and permanent injunctions that rely on disparate-impact theories and take appropriate action.
“Within 90 days of the date of this order, all agencies shall evaluate existing consent judgments and permanent injunctions that rely on theories of disparate-impact liability and take appropriate action with respect to such matters consistent with the policy of this order.” (p. 2)
No action observed
The Attorney General will determine whether federal authorities preempt state laws imposing disparate-impact liability and take appropriate measures.
“the Attorney General shall determine whether any Federal authorities preempt State laws, regulations, policies, or practices that impose disparate-impact liability based on a federally protected characteristic such as race, sex, or age, or whether such laws, regulations, policies, or practices have constitutional infirmities that warrant Federal action, and shall take appropriate measures consistent with the policy of this order.” (p. 2)
No action observed
The Attorney General and EEOC Chair will jointly issue guidance or technical assistance to employers on promoting equal employment access regardless of college education.
“The Attorney General and the Chair of the Equal Employment Opportunity Commission shall jointly formulate and issue guidance or technical assistance to employers regarding appropriate methods to promote equal access to employment regardless of whether an applicant has a college education, where appropriate.” (p. 3)