President Trump just eliminated disparate impact liability. Equality of Outcome is no longer the policy of the United States Government. Biggest revision to the civil rights regime since LBJ. ~ Dr. Ben Braddock
President Trump eliminated the disparate impact liability, a Marxist-based rule that violates the Equal Protection Clause. Disparate Impact requires equal outcomes, rather than equal opportunity. So, if you are a deadbeat, but of the acceptable race, you will be in the preferred category.
Disparate Impact is exceptionally unfair and discriminatory.
The Purpose of the Executive Order:
A bedrock principle of the United States is that all citizens are treated equally under the law. This principle guarantees equality of opportunity, not equal outcomes. It promises that people are treated as individuals, not components of a particular race or group. It encourages meritocracy and a colorblind society, not race- or sex-based favoritism.
Adherence to this principle is essential to creating opportunity, encouraging achievement, and sustaining the American Dream.
But a pernicious movement endangers this foundational principle, seeking to transform America’s promise of equal opportunity into a divisive pursuit of results preordained by irrelevant immutable characteristics, regardless of individual strengths, effort, or achievement. A key tool of this movement is disparate-impact liability, which holds that a near insurmountable presumption of unlawful discrimination exists where there are any differences in outcomes in certain circumstances among different races, sexes, or similar groups, even if there is no facially discriminatory policy or practice or discriminatory intent involved, and even if everyone has an equal opportunity to succeed. Disparate-impact liability all but requires individuals and businesses to consider race and engage in racial balancing to avoid potentially crippling legal liability. It not only undermines our national values, but also runs contrary to equal protection under the law and, therefore, violates our Constitution.
On a practical level, disparate-impact liability has hindered businesses from making hiring and other employment decisions based on merit and skill, their needs, or the needs of their customers because of the specter that such a process might lead to disparate outcomes, and thus disparate-impact lawsuits. This has made it difficult, and in some cases impossible, for employers to use bona fide job-oriented evaluations when recruiting, which prevents job seekers from being paired with jobs to which their skills are most suited — in other words, it deprives them of opportunities for success. Because of disparate-impact liability, employers cannot act in the best interests of the job applicant, the employer, and the American public.
Disparate-impact liability imperils the effectiveness of civil rights laws by mandating, rather than proscribing, discrimination. As the Supreme Court put it, “[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
Disparate-impact liability is wholly inconsistent with the Constitution and threatens the commitment to merit and equality of opportunity that forms the foundation of the American Dream. Under my Administration, citizens will be treated equally before the law and as individuals, not consigned to a certain fate based on their immutable characteristics.
It won’t be long before a crybully judge issues a TRO.
President Trump just eliminated disparate impact liability. Equality of Outcome is no longer the policy of the United States Government. Biggest revision to the civil rights regime since LBJ. pic.twitter.com/7hGMo3VGrM
— Dr. Ben Braddock (@GraduatedBen) April 24, 2025
From the Fact Sheet:
TREATING AMERICANS EQUALLY: Today, President Donald J. Trump signed an Executive Order eliminating the use of disparate-impact liability in various contexts to ensure equal treatment under the law.
- Disparate-impact liability is a legal theory holding that differences in outcomes among races, sexes, or similar groups indicate unlawful discrimination, even without discriminatory intent or policies, but the theory violates the Constitution’s guarantee of equal treatment for all by requiring race-oriented policies and practices to rebalance outcomes along racial lines.
- The Order revokes presidential actions that approved of disparate-impact liability and sets in motion broader reform.
- It directs all agencies to deprioritize the enforcement of statutes and regulations that include disparate-impact liability.
- The Order instructs the Attorney General to repeal or amend all Title VI (racial nondiscrimination) regulations that contemplate disparate-impact liability.
It directs the administration to assess all pending investigations, lawsuits, and consent judgments that rely on a theory of disparate-impact liabilit, and take appropriate action.
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