On April 23, 2025, President Trump issued a new executive order aimed at repealing disparate impact liability.  The order, titled “Restoring Equality of Opportunity and Meritocracy”  (https://www.whitehouse.gov/presidential-actions/2025/04/restoring-equality-of-opportunity-and-meritocracy/), frames equal treatment under the law as “equality of opportunity, not equal outcomes.”

Disparate impact is a theory of liability that grew out of equal employment…