WaPo: What Trump's order on 'disparate impact' means for civil rights
WaPo - (archived: https://archive.ph/Lpyka ) What Trumps order on disparate impact means for civil rights
The government will now be without a key tool it used to enforce antidiscrimination laws.
April 24, 2025 at 8:06 p.m. EDT
Today at 8:06 p.m. EDT
By Kim Bellware
President Donald Trump on Wednesday moved to dislodge a cornerstone of modern civil rights law through a sweeping executive order that strips the federal government of the key tool it used to enforce antidiscrimination laws a concept known as disparate-impact liability.
The order has alarmed civil rights advocates, who warn it could make it harder to shield people from exclusionary policies in areas like housing, employment, education and criminal justice.
This effort by the administration to remove this tool sets us back decades, said Jenny Yang, who chaired the Equal Employment Opportunity Commission under President Barack Obama and led the Office of Federal Contract Compliance Programs under President Joe Biden.
Trumps order directs federal agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability, which has long enabled courts to stop policies and practices that unfairly exclude people on the basis of protected characteristics such as race, gender and disability. The order also instructs the U.S. attorney general to repeal key components of the Civil Rights Act of 1964 that bar any program receiving federal financial support from discrimination based on race, color, or national origin.
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