Trump EEOC Order Threatens Minorities’ Civil Rights: The Brief

THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S mission of fighting workplace discrimination is poised for a major shift under a Trump administration mandate that the agency stop using disparate impact liability theory, Jennifer Bennett and Patrick Dorrian report.

• Under the theory, recognized by the US Supreme Court in a 1971 decision, an employer can be held liable if a policy that appears neutral on its face adversely affects a protected class. President Donald Trump’s executive order titled “Restoring Equality of Opportunity and Meritocracy” will erode the civil rights of gender and racial minorities and could favor Whites, Christians and men, some attorneys ...