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U.S. Policy on Equality and Meritocracy

Apr 24, 2025

Restoring Equality of Opportunity and Meritocracy

Purpose and Principles

  • Fundamental Principle: All U.S. citizens are treated equally under the law, focusing on equality of opportunity not equal outcomes.
    • Emphasizes individual treatment over group characteristics.
    • Supports meritocracy and a colorblind society.
  • Issues Identified:
    • A movement termed 'disparate-impact liability' threatens this principle.
    • Disparate-impact liability suggests unlawful discrimination if there are outcome differences among races or sexes, even without discriminatory policies.
    • It pressures businesses towards racial balancing to avoid legal issues, hindering merit-based employment.
    • Supreme Court's stance: "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race."

Policy

  • The U.S. aims to eliminate disparate-impact liability to uphold constitutional values and meritocracy.

Revocations

  • Revocation of past Presidential approvals of specific Department of Justice Title VI regulations that supported disparate-impact liability.

Enforcement Discretion

  • All agencies advised to deprioritize enforcement of regulations involving disparate-impact liability.

Existing Regulations

  • Attorney General to lead actions to repeal/amend regulations under Title VI of the Civil Rights Act that consider disparate-impact liability.
  • Report on existing laws imposing disparate-impact liability to be presented within 30 days.

Review of Current Matters

  • Actions to be taken on investigations and civil suits based on disparate-impact liability within 45 days.
  • Further review of pending proceedings and consent judgments within 90 days, following the policy directive.

Future Agency Action

  • Determine federal authority over state laws imposing disparate-impact liability.
  • Issue guidance on promoting equal employment access, focusing beyond college education.

Severability and General Provisions

  • The order includes a clause ensuring that if any part is invalid, the remainder stays effective.
  • Implementation to comply with applicable laws and resource availability.
  • Does not create enforceable rights or benefits against the U.S. government.

Conclusion

  • Signed by President Donald J. Trump at the White House on April 23, 2025.