On Wednesday, President Trump issued an executive order eliminating the use of disparate-impact liability. The order, entitled Restoring Equality of Opportunity and Meritocracy, both revokes several earlier executive orders, which established disparate impact, and also instructs executive agency departments to roll back regulations establishing disparate-impact.
“Disparate-impact liability undermines civil-rights laws by mandating discrimination to achieve predetermined, race-oriented outcomes, contradicting the Constitution’s guarantee of equal protection and treatment,” the White House stated in a subsequent communique on the issue.
Trump’s executive order also included a clause on severability, meaning that if a court strikes down a section of the order, the other sections of it will still stand.
The order follows another executive order, which Trump issued in his first week in office, and which banned the use of affirmative action within the government.
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