On April 23, 2025, Trump signed an executive order directing all federal agencies to deprioritize enforcement of disparate impact liability — the legal doctrine that has been the backbone of civil rights enforcement for 60 years.
Disparate impact means that policies which appear neutral on their face but disproportionately harm racial minorities, women, or other protected groups can be challenged as discriminatory — even without proving intentional bias. This doctrine was established in the landmark 1971 Supreme Court case Griggs v. Duke Power Co. and has been used to challenge discriminatory hiring tests, lending practices, housing policies, and school discipline disparities.
By ordering agencies not to enforce it, Trump effectively legalized any discriminatory practice as long as the employer, lender, or landlord can claim they didn't intend to discriminate. A hiring algorithm that screens out 90% of Black applicants? Legal, as long as the company says it wasn't on purpose. A lending policy that denies mortgages to Latino neighborhoods at 3x the rate? Legal, as long as the bank points to 'neutral' criteria.
The order directed the DOJ and all agencies to review and rescind regulations implementing disparate impact. The EEOC, HUD, CFPB, and DOJ Civil Rights Division — already gutted by staffing cuts — were told to stop pursuing these cases. This effectively shields employers from the most common and provable form of discrimination claims.