Executive Order on Disparate-Impact Liability
Dec, 25 2025
The executive order revokes previous presidential approvals related to disparate-impact liability under Title VI of the Civil Rights Act of 1964. It instructs federal agencies to deprioritize enforcement of laws that include disparate-impact liability, asserting that such practices violate constitutional principles and civil rights laws. The Attorney General is tasked with reviewing existing regulations and pending investigations that rely on disparate-impact theories, with a focus on amending or repealing those that conflict with the new policy.
The order also calls for a review of state laws that may impose similar liabilities and encourages the development of guidance for employers to promote equal access to employment opportunities, irrespective of educational background. The overarching goal of the order is to reinforce the commitment to individual merit and equal opportunity, while addressing perceived legal barriers that may hinder these principles.