Trump Administration Directs EEOC, HUD to End Disparate Impact Liability, Targets DEI in Colleges, Faces Criticism on AI Bias Enforcement

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Published May 7, 2025, 03:47 AM

The Trump administration has issued an executive order directing federal agencies, including the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD), to cease using the disparate impact liability theory in enforcement actions. This policy shift aims to eliminate disparate impact liability, which has been a key legal tool in addressing discrimination in areas such as employment, housing, and education. The order also targets accreditors that impose diversity, equity, and inclusion (DEI) requirements on colleges, signaling a broader federal effort to roll back DEI initiatives. Legal experts warn that this change will alter the EEOC's enforcement mission, potentially eroding civil rights protections for minorities and shifting the burden of addressing discrimination to states and private litigants. Additionally, a current Department of Education civil rights attorney criticized the administration's approach as a willful misinterpretation of anti-discrimination law, describing it as subverting or weaponizing the office. The directive is expected to hinder federal enforcement against bias related to artificial intelligence in the workplace, further emphasizing the role of state governments and private parties in regulating such issues.

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#Trump #Equal Employment Opportunity Commission #EEOC #HUD #Department of Education

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Sources

natlawreview.com(4)law360.com propublica.org jdsupra.com

National Law Review

@natlawreview

Executive Order Targets Accreditors That Impose DEI Requirements on Colleges https://t.co/4OibY070s6 #Rights #Education #Government @fdwilkinson https://t.co/lm4w9aVsNn

Law360

@Law360

The directive that federal agencies stop recognizing disparate impact discrimination will likely stymie potential EEOC enforcement aimed at bias related to AI, pushing states and private plaintiffs to the forefront of regulating workplace AI. https://t.co/P68lDYNQDT

ProPublica

@propublica

A current attorney for the Department of Education’s civil rights office said the Trump administration is willfully misinterpreting anti-discrimination law: “It’s subverting our office, or weaponizing it.” https://t.co/W2TEIXHYRl