On April 23, 2025, President Donald Trump signed Executive Order 14173, titled “Restoring Equality of Opportunity and Meritocracy,” marking a significant shift in federal civil rights enforcement by targeting the legal doctrine of disparate impact liability.​

Disparate Impact Theory

Disparate impact refers to policies or practices that, while neutral on their face, disproportionately affect members of protected classes such as race, sex, or age. Established in the 1971 Supreme Court case Griggs v. Duke Power Co., this legal theory has been a cornerstone in addressing systemic discrimination in areas like employment and education.​ An example of disparate impact theory is a police agency requiring that all police officers be a minimum of six feet tall. While it is possible for any individual to be six feet tall, it is highly likely that this facially neutral policy will impact certain groups of people, such as women. Often, policies such as this, which do not meaningfully equal a bona fide occupational qualification, were used intentionally or unintentionally to restrict who qualified for certain positions.

Key Provisions of the Executive Order

The Executive Order asserts that disparate impact liability is inconsistent with the Constitution's guarantee of equal treatment, arguing that it mandates race-oriented or gender-based policies to achieve predetermined outcomes. The order directs federal agencies to:​

• Deprioritize enforcement of statutes and regulations that include disparate impact liability, including Title VI and Title VII of the Civil Rights Act.
• Revoke prior presidential approvals of regulations supporting disparate impact liability.
• Assess and potentially amend or repeal existing regulations, guidance, and enforcement actions based on disparate impact theories.​
• Evaluate state laws imposing disparate impact liability for potential federal preemption or constitutional issues.​
• Review by EEOC Chair or Attorney General of current matters or lawsuits and take appropriate action consistent with the Executive Order.

Implications for Employers and Civil Rights Enforcement

It should be noted that while the Executive Order does not change existing laws or Supreme Court precedents, it significantly alters federal enforcement priorities. Agencies like the Equal Employment Opportunity Commission (EEOC) are expected to shift focus away from disparate impact claims. Employers may see reduced federal scrutiny over policies that result in statistical disparities, though private litigation under existing laws remains possible.​ However, it is important for employers to recognize that this may not change enforcement priorities under applicable state laws.

Bigger Picture

This Executive Order is part of a broader initiative by the Trump administration to roll back diversity, equity, and inclusion (DEI) policies across federal agencies and institutions. This follows several earlier orders that have targeted DEI initiatives in education and federal contracting to shift civil rights enforcement.​ It is anticipated that there will be legal challenges to this Executive Order. We recommend that employers do not make any significant changes to policies or workplace practices.

Be sure to join us Tuesday, April 29, 2025, at 2:00 pm ET for the American Ambulance Association webinar, The EMS Workplace Under the Trump Administration, where we will discuss this and other changes that EMS organizations should be aware under the new Administration.

If you have questions about this, or any, of the Executive Orders, please contact us at smoore@wmklawgroup.com.