By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose.
A fundamental tenet of the United States is the principle that all citizens are treated equally under the law. This principle champions equality of opportunity rather than equality of outcomes, emphasizing that individuals should be regarded as unique entities rather than mere representatives of race or group identity. It fosters a meritocratic and colorblind society, eschewing favoritism based on race or gender. Upholding this principle is crucial for creating opportunities, fostering achievement, and sustaining the American Dream.
However, a troubling movement seeks to undermine this foundational precept, aiming to replace the promise of equal opportunity with a divisive agenda that prioritizes predetermined results based on irrelevant immutable traits, disregarding individual capabilities, efforts, and achievements. A pivotal element of this movement is the concept of disparate-impact liability, which posits that any measurable differences in outcomes among different races, sexes, or groups create an automatic presumption of unlawful discrimination, even in the absence of overtly discriminatory policies or intent, and despite equal opportunities for success. This concept coerces individuals and businesses into considering race and engaging in racial balancing to dodge potentially devastating legal repercussions. Such practices not only subvert our national values but also contradict the principle of equal protection under the law, thus breaching our Constitution.
In practical terms, disparate-impact liability hampers businesses from making hiring and employment decisions rooted in merit and skill, as employers fear that their choices could lead to disparate outcomes and subsequent lawsuits. This environment complicates and sometimes outright prevents employers from utilizing genuine job-oriented evaluations during recruitment, consequently depriving job seekers of opportunities that align with their skills and qualifications. Due to disparate-impact liability, employers find themselves unable to act in the best interests of applicants, their businesses, and the broader American public.
Moreover, disparate-impact liability endangers the efficacy of civil rights laws by mandating discrimination rather than prohibiting it. As the Supreme Court aptly stated, “[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Disparate-impact liability is fundamentally at odds with the Constitution and jeopardizes the commitment to merit and equal opportunity that underpins the American Dream. My administration will ensure that citizens are treated equally under the law as individuals, rather than being confined to a predetermined fate due to their unchangeable characteristics.
Sec. 2. Policy.
It is the policy of the United States to abolish the use of disparate-impact liability across all contexts to the fullest extent possible in order to uphold the Constitution, Federal civil rights laws, and core American values.
Sec 3. Revoking Certain Presidential Actions.
The following Presidential approvals of regulations enacted under 42 U.S.C. 2000d-1 are hereby revoked:
(a) the Presidential approval dated July 25, 1966, of the Department of Justice Title VI regulations (31 Fed. Reg. 10269), as applied to 28 C.F.R. 42.104(b)(2) in its entirety; and
(b) the Presidential approval dated July 5, 1973, of the Department of Justice Title VI regulations (38 Fed. Reg. 17955, FR Doc. 73-13407), as applied to the phrase “or effect” where it appears in both instances in 28 C.F.R. 42.104(b)(3), and as applied to 28 C.F.R. 42.104(b)(6)(ii) and 28 C.F.R. 42.104(c)(2) in full.
Sec. 4. Enforcement Discretion to Ensure Lawful Governance.
In light of the limited enforcement resources available to executive departments and agencies, the illegality of disparate-impact liability, and the policy outlined in this order, all agencies shall lower the priority of enforcing any statutes and regulations that incorporate disparate-impact liability, including but not limited to 42 U.S.C. 2000e-2, 28 C.F.R. 42.104(b)(2)–(3), 28 C.F.R. 42.104(b)(6)(ii), and 28 C.F.R. 42.104(c)(2).
Sec. 5. Existing Regulations.
(a) As delegated by Executive Order 12250 of November 2, 1980 (Leadership and Coordination of Nondiscrimination Laws), the Attorney General shall initiate appropriate measures to repeal or amend the implementing regulations for Title VI of the Civil Rights Act of 1964 across all agencies to the extent that they involve disparate-impact liability.
(b) Within 30 days of the date of this order, the Attorney General, in collaboration with the heads of all other agencies, shall report to the President through the Assistant to the President for Domestic Policy:
(i) all existing regulations, guidance, rules, or orders that impose disparate-impact liability or similar requirements, detailing agency steps for their amendment or repeal, as appropriate under applicable law; and
(ii) other laws or decisions, including those at the State level, that impose disparate-impact liability, along with any necessary measures to rectify constitutional or other legal issues.
Sec. 6. Review of Current Matters.
(a) Within 45 days of the date of this order, the Attorney General and the Chair of the Equal Employment Opportunity Commission shall evaluate all pending investigations, civil suits, or positions taken in ongoing matters under every Federal civil rights law within their respective jurisdictions, including Title VII of the Civil Rights Act of 1964, that rely on a theory of disparate-impact liability, and shall take appropriate action regarding those matters in line with the policy of this order.
(b) Within 45 days of the date of this order, the Attorney General, the Secretary of Housing and Urban Development, the Director of the Consumer Financial Protection Bureau, the Chair of the Federal Trade Commission, and the heads of other agencies responsible for enforcing the Equal Credit Opportunity Act (Public Law 93-495), Title VIII of the Civil Rights Act of 1964 (the Fair Housing Act (Public Law 90-284, as amended)), or laws prohibiting unfair, deceptive, or abusive acts or practices shall examine all ongoing proceedings that depend on theories of disparate-impact liability and take appropriate action regarding those matters consistent with the policy of this order.
(c) Within 90 days of the date of this order, all agencies shall assess existing consent judgments and permanent injunctions that rely on theories of disparate-impact liability and take appropriate action concerning those matters in accordance with the policy of this order.
Sec. 7. Future Agency Action.
(a) In coordination with other agencies, the Attorney General shall determine whether any Federal authorities preempt State laws, regulations, policies, or practices that impose disparate-impact liability based on federally protected characteristics such as race, sex, or age, or whether such laws, regulations, policies, or practices exhibit constitutional deficiencies that necessitate Federal intervention, and shall take appropriate measures aligned with the policy of this order.
(b) The Attorney General and the Chair of the Equal Employment Opportunity Commission shall collaboratively develop and disseminate guidance or technical assistance to employers regarding effective methods for promoting equal access to employment, irrespective of whether an applicant possesses a college degree, where applicable.
Sec. 8. Severability.
If any provision of this order, or the application of any provision to any individual or circumstance, is deemed invalid, the remaining sections of this order and the application of its other provisions to different individuals or circumstances shall remain unaffected.
Sec. 9. General Provisions.
(a) Nothing in this order shall be interpreted as diminishing or otherwise affecting:
(i) the authority granted by law to an executive department, agency, or its head; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in accordance with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other individual.
DONALD J. TRUMP
THE WHITE HOUSE,
April 23, 2025.
