Disparate Impact Treatment

On April 23, 2025, President Trump signed an executive order to end disparate impact discrimination. Disparate impact discrimination occurs when a seemingly neutral policy, practice, or rule disproportionately affects members of a protected group, even if there is no intentional bias. Unlike disparate treatment, which involves overt and intentional discrimination, disparate impact focuses on the effects of an action rather than the intent behind it. Ending disparate impact discrimination is part of a broader effort by the Trump administration to reshape federal antidiscrimination and DEI policies and could lead to potential legal disputes.