Restoring Equality of Opportunity and Meritocracy
1. Purpose
The order affirms the principle of equality under the law, promoting equality of opportunity and rejecting race- or sex-based favoritism through the elimination of disparate-impact liability.
2. Key Actions And Directives
- Revocation of Disparate-Impact Liability Policies: Eliminate the use of disparate-impact liability in all contexts to the maximum degree possible.
- Attorney General's Review: Initiate actions to repeal or amend regulations imposing disparate-impact liability and assess pending investigations.
- Assessment of Consent Judgments: Within 90 days, review existing consent judgments related to disparate-impact liability and determine appropriate actions.
- Investigation Assessments: Complete assessments on ongoing investigations and lawsuits utilizing disparate-impact liability within 45 days.
3. Important Points
- Equal Treatment Under the Law: The order emphasizes that all citizens should be treated equally, ensuring no race- or sex-based favoritism is applied.
- Disparate-Impact Liability Explained: Defines disparate-impact liability as a legal presumption of discrimination due to differing outcomes among races or sexes.
- Impact on Business Operations: Claims that disparate-impact liability restricts businesses from making hiring and employment decisions based solely on merit.
- Constitutional Concerns: Assert that disparate-impact liability contradicts constitutional principles concerning merit and equal opportunities.
- Limitations on Rights Creation: Clarifies that no legal rights or benefits are created by the order that can be enforced against the government.
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