On Wednesday, President Trump signed a significant executive order aimed at changing how civil rights laws are applied. The order, titled "Restoring Equality of Opportunity and Meritocracy," eliminates the use of disparate-impact liability, a legal concept that holds organizations accountable if their policies unintentionally result in racial discrimination.
This new order not only revokes previous executive orders that established disparate impact but also directs federal agencies to roll back regulations that support it. The White House argues that disparate-impact liability undermines civil rights by forcing discrimination to achieve specific racial outcomes, which they say contradicts the Constitution’s promise of equal protection for all.
In addition to these changes, the order includes a severability clause. This means that if a court finds any part of the order illegal, the remaining sections will still be valid. This is a strategic move to protect the order’s overall intent, even if parts of it face legal challenges.
This executive order follows another one issued by Trump early in his presidency that banned affirmative action in government practices. Both actions reflect a broader push to reshape how race and equality are addressed in federal policies.
The implications of this order are significant. Critics argue it may weaken protections for marginalized groups, while supporters believe it promotes fairness by ensuring that decisions are based on merit rather than race. As this order takes effect, its impact on civil rights and federal regulations will likely be closely monitored and debated.