⚖️DOJ Civil Rights Division banned from disparate impact litigation
Civil Rights
Constitutional Law
Public Policy
Trump's Executive Order 14281 on April 29, 2025, tells federal agencies to stop using "disparate-impact" standards in civil rights enforcement. The order guts a key tool for fighting hidden workplace bias since the 1970s.
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Why This Matters
⚖️ Disparate impact has uncovered workplace discrimination since the 1970s without requiring intent proof
Federal civil rights enforcement reveals systematic exclusion of minorities and women through statistical analysis of employment patterns, hiring practices, and promotion rates. Eliminating disparate impact analysis allows companies to maintain discriminatory outcomes while claiming they did not intend to discriminate, effectively legalizing systematic bias through procedural changes.
📋 Single executive order rewrites decades of workplace policy without congressional approval
Presidential directives can eliminate civil rights enforcement mechanisms that protect millions of workers from discrimination in hiring, promotion, and compensation decisions. Constitutional separation of powers erodes when executive orders override congressional civil rights legislation through administrative changes that affect fundamental employment protections.
💰 Hiring algorithms, promotion systems, and pay decisions depend on disparate impact legal theory
Modern employment practices use technology and data analysis that can systematically exclude protected groups while appearing neutral and objective. Without disparate impact liability, companies gain freedom to use artificial intelligence and algorithmic hiring that discriminates against minorities and women without legal consequences or accountability for biased outcomes.
⚖️ Courts and Congress must decide if executive orders overstep statutory civil rights limits
Presidential authority to modify civil rights enforcement faces constitutional challenges when executive actions contradict congressional legislation and judicial precedents that established anti-discrimination protections. The conflict tests whether presidents can unilaterally weaken civil rights laws through administrative action or whether legislative and judicial branches can force compliance with existing anti-discrimination statutes.
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Detailed Content
2
What is the official number of this executive order?
Multiple Choice
Constitutional Law
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Which legal doctrine does EO 14281 label a 'pernicious movement'?
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Public Policy
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Which 1965 executive order governing federal contractors does EO 14281 move to dismantle?
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Government
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Which Labor Department office loses much of its enforcement muscle under the new order?
Multiple Choice
Civil Rights
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Disparate impact was first written into federal statute by which law?
Multiple Choice
Constitutional Law
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Which 1971 Supreme Court case launched the disparate-impact doctrine?
Multiple Choice
Civil Rights
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Disparate-impact burdens of proof live in which section of the U.S. Code?
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Constitutional Law
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Former EEOC Chair quoted by Reuters who warned AI hiring tools could hide bias after the order:
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Public Policy
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Which federal agency dropped race-based allegations against Asbury Automotive Group citing EO 14281?
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Government
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EO 14281 says the United States 'guarantees' which of the following?
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Civic Action
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EO 14281 declares that disparate-impact liability is unconstitutional.
True/False
Constitutional Law
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The order immediately repeals Title VII of the Civil Rights Act.
True/False
Government
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EO 14281 revokes President Clinton’s 1994 environmental-justice order (EO 12898).
True/False
Public Policy