A Shift in Approach: Examining the Trump Administration's Stance on Diversity Initiatives and Disparate Impact
By: Joel Irving The landscape of federal policy surrounding diversity and discrimination underwent a notable transformation during the Trump administration. A series of executive actions signaled a clear intent to move away from established diversity, equity, and inclusion (DEI) programs and to significantly curtail the application of a legal concept known as "disparate impact." This represented a distinct pivot, emphasizing what the administration termed a "merit-based" system for federal employment and operations. At the forefront of these changes was a significant executive order, "Restoring Equality of Opportunity and Meritocracy." This directive didn't mince words: its stated goal was to eliminate the use of disparate impact liability "in all contexts to the maximum degree possible." For federal agencies, this translated into a mandate to deprioritize the enforcement of disparate impact claims. They were also instructed to review exist...