Executive order bars federal agencies from using disparate impact standards in civil rights cases

President Donald J. Trump signed Executive Order 14281, 'Restoring Equality of Opportunity and Meritocracy,' on Apr. 23, 2025, directing federal agencies to halt use of disparate-impact standards in civil-rights enforcement (Question 1, White House Executive Order Text).

Executive Order 14281 labels disparate-impact liability a 'pernicious movement,' orders agencies to cease reliance on it, and instructs them to inventory and propose repeal of all rules based on disparate-impact analysis within 45 days—by May 23, 2025 (Questions 3, 8, White House Executive Order Text; Epstein Becker Green Analysis).

EO 14281 moves to dismantle the disparate-impact provisions of Executive Order 11246, which since 1965 has required federal contractors to avoid workplace discrimination (Question 4, Wikipedia EO 11246 page).

42 U.S.C. § 2000e-2(k), added by the Civil Rights Act of 1991, codifies the burden-shifting framework for disparate-impact claims under Title VII .

Griggs v. Duke Power (1971) is the Supreme Court decision that launched the disparate-impact doctrine by ruling facially neutral practices unlawful if they disproportionately harmed Black workers without business necessity (Question 7, Oyez).

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