Federal agencies enforcing anti-discrimination laws must eliminate their use of unintentional bias claims under disparate impact legal theory, after a new executive order from President Donald Trump.
The April 23 order requires the Equal Employment Opportunity Commission and Justice Department to review their investigations and lawsuits that rely on disparate impact claims within 45 days and “take appropriate action”—indicating the EEOC should drop or revise its legal position on existing workplace bias cases.
Trump signaled since the early days of his new term that his administration would back away from using disparate impact to enforce the 1964 Civil Rights Act ...