Though it received less attention than some of President Donald Trump’s other executive orders, the principles embodied in EO 14281, “Restoring Equality of Opportunity and Meritocracy,” are fundamental to American ideals.
The April 23 directive prohibits the federal government, to the “maximum extent possible,” from using disparate impact analyses to establish discrimination. It also directs the attorney general to take lawful actions to preempt inconsistent state and local laws.
Disparate impact is the precursor to the “equity” in DEI (diversity, equity and inclusion). Both require members of protected classes to receive at least the same share of opportunities as their percentages of the relevant population or applicant pool. Liability and remedies are imposed if there is a shortfall, regardless of whether that is caused by discrimination, choices made by protected individuals, or almost any other reason. Protected classes include race, sex, sexual orientation, religion, and age.
The order bluntly – and accurately – characterizes the use of disparate impact as a “pernicious movement” that threatens the foundation of the American Dream.
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