Civil Rights Legal Experts Condemn Trump’s New Executive Orders Targeting Disparate Impact Protections

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The Lawyers’ Committee for Civil Rights Under Law is sounding the alarm over a series of new executive orders issued by the Trump administration.

The respected organization is calling the new EOs a direct attack on decades of hard-fought civil rights protections.

Legal experts from the organization have sharply criticized the measures, which they say undermine protections in employment, housing, and education by distorting the purpose and legality of disparate impact liability.

“These orders aim to destroy the foundation of civil rights protections in this country,” said Dariely Rodriguez, acting co-chief counsel at the Lawyers’ Committee. “They will have a devastating effect on equity for Black people and other communities of color.”

Through the order titled “Restoring Equality of Opportunity and Meritocracy, the administration claims that disparate impact liability—long upheld by the Supreme Court—is unlawful, and instructs federal agencies to repeal Title VI regulations that acknowledge disparate impact, deprioritize enforcement actions, and review ongoing investigations.

Civil rights attorneys warn this move could roll back crucial protections in housing, employment, lending, healthcare, and education.

Katy Youker, director of the Economic Justice Project, emphasized the dangers:

“If not for disparate impact liability, employers could deny jobs to applicants of color based on prior arrests, pay women less without justification, and fire older workers—all without consequence. These executive orders expose a vision for America that predates the Civil Rights Movement.”

Housing advocates raised similar concerns. Brook Hill, senior counsel of the Fair Housing and Community Development Project, noted that disparate impact is essential for combating seemingly neutral zoning and land use policies that disproportionately disadvantage communities of color.

In the education sector, the administration’s order titled “Reinstating Common Sense School Discipline Policies” seeks to eliminate racial equity frameworks in student discipline. Michael Pillera, director of the Educational Opportunities Project, said the order “affirmatively embraces discrimination,” ignoring data showing that Black students, especially Black girls, are disproportionately disciplined.

Recent findings from the Government Accountability Office and the Department of Education’s Civil Rights Data Collection revealed that Black students are significantly more likely to face suspensions and expulsions compared to their white peers, underscoring the importance of maintaining disparate impact standards.

The Trump administration’s “Advancing Artificial Intelligence Education for American Youth” order also drew criticism for promoting expanded AI use in schools without addressing potential discriminatory effects—despite recent federal guidance warning that AI can contribute to civil rights violations if left unchecked.

In higher education, the executive order “Reforming Accreditation to Strengthen Higher Education” targets diversity, equity, and inclusion initiatives by threatening accrediting bodies that promote diverse student and faculty populations. Shatorah Roberson, senior policy counsel, warned that the move was a “calculated attempt” to suppress inclusive practices and intellectual independence at American universities.

The Lawyers’ Committee concluded that these executive orders represent a systematic effort to dismantle civil rights protections and vowed to continue fighting them both inside and outside the courts.