On April 23, 2025, President Donald Trump signed the executive order titled “Restoring Equality of Opportunity and Meritocracy,” aiming to eliminate the federal government’s use of disparate-impact liability in civil rights enforcement. This legal doctrine, established by the Supreme Court in Griggs v. Duke Power Co. (1971), allows challenges to policies that, while neutral on their face, disproportionately harm protected groups such as racial minorities, women, and the disabled, even absent intentional discrimination.

The executive order directs federal agencies to deprioritize enforcement of regulations based on disparate impact and calls for repealing parts of the Civil Rights Act of 1964 that support this doctrine. It asserts that disparate-impact liability has hindered businesses from making hiring and other employment decisions based on merit and skill, due to the risk of disparate outcomes leading to lawsuits. ​

For employers, this shift may reduce concerns over legal challenges related to neutral policies that inadvertently affect certain groups. However, it also removes a layer of accountability that has historically prompted organizations to examine and adjust practices contributing to systemic disparities. Employees, particularly those from marginalized communities, may find it more challenging to contest policies that result in unequal outcomes, even if unintentional. While the executive order alters federal enforcement priorities, individuals and local governments may still pursue legal action under state and local antidiscrimination laws. ​The Washington Post

The long-term impact of this executive order remains uncertain, as dismantling established civil rights protections would require demonstrating their unconstitutionality—a significant legal hurdle. Nonetheless, the order marks a substantial shift in federal civil rights policy, emphasizing intent over impact in addressing discrimination.​The Washington PostVox