Latest news with #RestoringEqualityofOpportunityandMeritocracy
Economist
08-05-2025
- Politics
- Economist
Trump knocks down a controversial pillar of civil-rights law
IN THE DELUGE of 145 executive orders issued by President Donald Trump (on subjects as disparate as 'Restoring American Seafood Competitiveness' and 'Maintaining Acceptable Water Pressure in Showerheads') it can be difficult to discern which are truly consequential. But one of them, signed on April 23rd under the bland headline 'Restoring Equality of Opportunity and Meritocracy', aims to remake civil-rights law. Those primed to distrust Mr Trump on such matters may be surprised to learn that the president's target is not just important but also well-chosen.
Economist
08-05-2025
- Politics
- Economist
The president has deleted a key tenet of American civil-rights law
IN THE DELUGE of 145 executive orders issued by President Donald Trump (on subjects as disparate as 'Restoring American Seafood Competitiveness' and 'Maintaining Acceptable Water Pressure in Showerheads') it can be difficult to discern which are truly consequential. But one of them, signed on April 23rd under the bland headline 'Restoring Equality of Opportunity and Meritocracy', aims to remake civil-rights law. Those primed to distrust Mr Trump on such matters may be surprised to learn that the president's target is not just important but also well-chosen.
Wall Street Journal
25-04-2025
- Politics
- Wall Street Journal
Another Bit of Revolutionary Common Sense
While we're waiting for President Trump's 'revolution of common sense' to make its way to his destructive tariff policies, there's progress to note in another area. Mr. Trump is dismantling the official policy architecture supporting the false notion that America is structurally racist. Enabling the color-blind society, this week Mr. Trump issued an executive order called 'Restoring Equality of Opportunity and Meritocracy.' The order describes a long-overdue reform: The executive order describes the problem it is intended to solve:
Newsweek
24-04-2025
- Business
- Newsweek
Trump Executive Order Raises Alarm Over Women's Financial Independence
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. An Executive Order (EO) signed by President Donald Trump is raising concerns over the protection of women's financial independence, as well as other potential civil rights violations. The EO, titled Restoring Equality of Opportunity and Meritocracy is intended to encourage "meritocracy and a colorblind society, not race- or sex-based favoritism." It calls for an evaluation of all pending proceedings under the Equal Credit Opportunity Act (ECOA), which was first passed in 1974 and amended in 1976 to prevent lenders from discriminating against women based on marital status. Although the EO cannot change the law, that can only be done by an act of Congress, if independent federal agencies abide by the order they will stall litigation protecting women from being discriminated against for credit, and they will roll back guidance and regulations which were in place to protect people's rights. President Donald Trump being handed an executive order by White House staff secretary Will Scharf in the Oval Office of the White House, Wednesday, April 23, 2025, in Washington. President Donald Trump being handed an executive order by White House staff secretary Will Scharf in the Oval Office of the White House, Wednesday, April 23, 2025, in Washington. Alex Brandon/AP Photo Why It Matters Prior to the ECOA, women could be asked to have a male relative or spouse co-sign for their credit cards or loans. President Trump cannot singlehandedly remove the ECOA, but his EO can make it harder for women to get federal help advocating against gender discrimination and can allow federally funded projects to discriminate based on gender. What To Know The EO's main target is the principle of disparate-impact liability, the idea that racism, sexism, or some other form of discrimination can occur without explicit intent. The President believes that disparate-impact liability is a key tool in a "pernicious movement" that "endangers" the U.S.' foundational principle of "creating opportunity, encouraging achievement, and sustaining the American Dream." Ben Olinsky, senior vice president of Structural Reform and Governance at the Center for American Progress (CAP), explained to Newsweek that disparate-impact liability is: "A recognition that you could have certain hiring practices that, while not, not clearly discriminatory in have a disproportionate impact on a particular protected class. "It could be where you advertise, for example, around employment listings. It could get at certain kinds of redlining practices." President Trump said: "[Disparate-impact liability] not only undermines our national values, but also runs contrary to equal protection under the law and, therefore, violates our Constitution." "They're trying to argue that it is somehow violating civil rights law and the Constitution to require employers or housing providers to consider the disparate impact on race or gender or age, right or disability," Olinsky told Newsweek. "Because that somehow might, in individual cases, cause a white young man to lose out because the criteria has been shifted." The ECOA is also intended to protect people of all races, color, age, and ability, creating concern that many groups could become subject to banking discrimination if federal agencies abide by this EO. Evaluation of the ECOA falls under section six of the EO, which Olinsky explained to Newsweek means: "To the extent that there have been any kinds of consent judgments or injunctions or orders that have already been put into government should revisit some of those agreements to see if maybe some can be rolled back." He explained that the order would likely result in the dismissal or quashing of any ongoing cases. The ECOA falls under the jurisdiction of the Consumer Financial Protection Bureau (CFPB). The CFPB is supposed to be an independent agency, but the Trump administration has been working to couple independent agencies with the White House. This move has resulted in several court cases; however, Trump has appointed his own head of the CFPB, which he is allowed to do, and this head will likely follow through on this Executive Order. President Donald Trump signiing executive orders in the Oval Office of the White House, Wednesday, April 23, 2025, in Washington. President Donald Trump signiing executive orders in the Oval Office of the White House, Wednesday, April 23, 2025, in Washington. Alex Brandon/AP Photo Not only does President Trump's order for "restoring equality" result in a reevaluation of judgments based around sex discrimination, it also calls for an evaluation of ongoing cases related to Titles VII, and VIII of the Civil Rights Act of 1964, and says: "the Attorney General shall initiate appropriate action to repeal or amend the implementing regulations for Title VI of the Civil Rights Act of 1964." Title VI prohibits federal funds from going to programs that discriminate against people based on their race, color, or national origin, Title VII prohibits employment discrimination, and Title VIII is also known as the Fair Housing Act which is intended to prevent housing discrimination. Olinsky stressed to Newsweek that this EO does not mean people cannot file private suits. There are still protections in place for women and other minorities, for example, lawsuits against private companies. However, without the federal government, there will be less data collection to aid people in understanding whether they were simply an individual denied a loan or if they were part of a discriminatory pattern, and there will be less support from agencies that are supposed to enforce, educate on, and regulate, federal civil rights laws. What People Are Saying Ben Olinsky, senior vice president of Structural Reform and Governance at the Center for American Progress told Newsweek: "You will see fewer to perhaps no effort by the federal government to make sure that women have equal access to credit, that Black people have equal access to credit. I think that will likely be a consequence." President Donald Trump, Executive Order: "Because of disparate-impact liability, employers cannot act in the best interests of the job applicant, the employer, and the American public. Disparate-impact liability imperils the effectiveness of civil rights laws by mandating, rather than proscribing, discrimination." What Happens Next Olinsky warned that the full legal consequence of this EO could come later, as these actions may work their way up to a Supreme Court case and to a bench that has shown it is willing to roll back Civil Rights Act protections in the name of equal opportunity, as demonstrated in Students for Fair Admissions vs Harvard.
Yahoo
24-04-2025
- Politics
- Yahoo
Trump moves to repeal disparate impact liability, a key civil rights tenet
President Trump has taken steps to nullify a key component to the Civil Rights Act as he works to remove diversity, equity and inclusion policies from the federal government. One of the executive orders issued Wednesday, dubbed Restoring Equality of Opportunity and Meritocracy, would dismantle disparate impact liability — a legal theory codified in Title VII of the Civil Rights Act of 1964 that holds agencies accountable for practices that have an outsized discriminatory effect on protected groups, even when there is no intent to discriminate. The theory allows a plaintiff to sue without fulfilling the burden of demonstrating intentional bias by pointing to practices that disproportionately affect protected groups. Some of these practices include educational requirements, criminal history policies and even physical fitness. But conservatives have long argued the disparate impact clause punishes employers, an argument Trump's latest action echoes. Trump describes disparate impact liability as part of a 'pernicious movement' that endangers the 'bedrock principle' that all American citizens are treated equally. 'Disparate-impact liability all but requires individuals and businesses to consider race and engage in racial balancing to avoid potentially crippling legal liability,' the order reads. 'It not only undermines our national values, but also runs contrary to equal protection under the law and, therefore, violates our Constitution.' The memo adds that disparate impact liability has, in some cases, made it impossible for employers to 'use bona fide job-oriented evaluations when recruiting.' 'Because of disparate-impact liability, employers cannot act in the best interests of the job applicant, the employer, and the American public,' Trump wrote in the order. The president's executive actions also direct federal agencies to identify and roll back regulations related to disparate impact and review all current lawsuits, investigations and consent decrees currently based on disparate impact claims. It also calls for departments to work with the attorney general and the Equal Employment Opportunity Commission to change the interpretation of Title VI and Title VII. The order falls in line with Trump's attempts to create a 'colorblind' society based on 'meritocracy.' During his inauguration speech, the president vowed to 'forge a society that is colorblind and merit-based.' Just two days later, he signed an executive order to restore 'merit-based opportunity' to federal agencies. But civil rights leaders have pushed back on the administration's meritocracy-based arguments, saying it overlooks systemic biases that leave little room for people of color, LGBTQ people, women and people with disabilities to access resources and opportunities. Now, civil rights groups are already vowing to fight back against Trump's latest order. Fatima Goss Graves, president and CEO of the National Women's Law Center, accused the White House of trying to roll back decades of protection in an effort 'to clear a path for a government ruled not by and for the people, but by and for one man.' 'This order is part of Donald Trump's ongoing efforts to dismantle our freedoms and roll back our rights,' Graves said in a statement. 'He hates that civil rights laws give us the power to stand up to bullies like him.' 'But a president does not have the power to take away core civil rights protections from the people of this country with a flick of his wrist,' she added. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
