U.S. Senator Mike Lee (R-UT) has introduced the Restoring Equal Opportunity Act, a bill that seeks to make permanent President Trump’s executive order ending the use of disparate impact policies in federal civil rights law. Representative Brandon Gill (R-TX) is co-leading the legislation in the House.
“Disparate impact has undermined equal opportunity in hiring for generations,” said Senator Mike Lee. “These policies are antithetical to the Constitution, keeping hardworking men and women from the jobs they deserve. It’s un-American, and it’s going to stop. The Restoring Equal Opportunity Act will prohibit this woke practice and support President Trump’s fight for equality under the law.”
“Americans deserve equal opportunity, not race-based quotas,” said Rep. Gill. “Equality under the law is a core American principle, ensuring every citizen’s right to equal protection and due process. I’m proud to introduce the Restoring Equal Opportunity Act alongside Senator Lee to bring merit, rather than DEI, back to our hiring and selection processes.”
Title VII of the Civil Rights Act prohibits discrimination in employment based on race, religion, color, sex or national origin. The Supreme Court broadened this prohibition in 1971 with its decision in Griggs v. Duke Power Company by stating that even neutral job requirements could violate Title VII if they have a disproportionate effect on minorities and are unrelated to job performance.
This interpretation led Congress to include disparate impact standards in both the 1991 Civil Rights Act and Fair Housing Act. Supporters of Senator Lee’s proposal argue that these standards push employers toward using racial quotas out of concern over legal liability.
President Trump issued an executive order on April 23rd eliminating use of disparate impact standards within federal agencies. The new legislation would enshrine this change into law by barring disparate impact claims under Title VII or the Fair Housing Act and codifying Trump’s “Restoring Equality of Opportunity and Meritocracy” executive order.
A summary sheet and full text of the bill are available online.
