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    Home /  Insights /  Memos and Newsletters /  Memo
    S&C Memos

    President Trump Acts to Significantly Limit Disparate Impact Liability for Discrimination

    Executive Order Curtails Federal Agencies’ Enforcement of Disparate Impact Liability Provisions and Directs Agencies to Roll Back Disparate Impact Regulations and Review Possible Preemption of State Disparate Impact Laws

    April 25, 2025 | min read |
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    Key Takeaways:

    • Executive Order establishes federal policy of seeking to eliminate disparate impact liability for discrimination “in all contexts to the maximum degree possible.”
    • Federal agencies are directed to curtail enforcement of disparate impact laws and regulations, and to assess “all pending investigations, civil suits, or positions taken in ongoing matters under every Federal civil rights law within their respective jurisdictions” for compliance with the policy established by the Executive Order.
    • Attorney General will review “whether any Federal authorities preempt State laws, regulations, policies, or practices that impose disparate-impact liability.”

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    View other S&C insights relating to President Trump’s recent executive orders.

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