Time to get by on your own merits

[Manonthestreet]

DOJ Ends 'Disparate Impact Liability' in a Huge Win for Equality Under the Law

DOJ ends disparate impact liability, promoting equality under the law in a landmark decision.

pjmedia.com

Not your color or race or national origin. How hard will libs howl over this.

 

[1srelluc]

https://www.bing.com/ck/a?!&&p=34af..._cT1EaXNwYXJhdGUgSW1wYWN0IExpYWJpbGl0eQ&ntb=1
Disparate impact liability is a legal theory that holds organizations accountable for policies that,while neutral on their face, disproportionately affect protected groups, even without intent to discriminate.

Definition​

Disparate impact liability emerged from the landmark Supreme Court case Griggs v. Duke Power Co. in 1971, where the Court recognized that employment practices could be discriminatory if they had a significant adverse effect on a protected class, such as racial minorities, even if there was no discriminatory intent. This principle was codified in the Civil Rights Act of 1991, which established the burden of proof in disparate impact cases.

Epstein Becker & Green, P.C.+1

Recent​

In April 2025, an executive order titled "Restoring Equality of Opportunity and Meritocracy" was issued, aiming to eliminate the use of disparate impact liability across federal agencies. This order asserts that disparate impact liability creates a presumption of unlawful discrimination based on outcome differences among various groups, regardless of whether there is a facially neutral policy or intent to discriminate.

Cooley+1

The executive order directs federal agencies to deprioritize enforcement of regulations that include disparate impact liability and calls for a comprehensive review of existing regulations and guidance related to this theory. It reflects a broader shift in policy under the Trump administration, emphasizing equal treatment over equal outcomes.

The Hill+1

Implications​

Disparate impact liability allows individuals to challenge practices that disproportionately affect protected groups without needing to prove intentional discrimination. This has significant implications for employment practices, educational requirements, and other policies that may inadvertently disadvantage certain groups.

Epstein Becker & Green, P.C.+1

The ongoing debate surrounding disparate impact liability centers on its role in promoting equality versus the argument that it imposes undue burdens on employers and organizations, potentially leading to "racial balancing" to avoid legal repercussions.

Cooley+1
In summary, disparate impact liability remains a critical aspect of civil rights law, with ongoing discussions about its enforcement and implications for equality in various sectors.