Summary of Restoring Equality of Opportunity and Meritocracy Executive Order
Updated 10/10/2025
On April 23rd, the President issued Executive Order (“E.O.”) 14281 titled Restoring Equality of Opportunity and Meritocracy, which declares that disparate-impact liability contradicts the Constitution, undermines equal protection, and erodes merit-based decision-making in employment, housing, education, and other contexts. The E.O. eliminates federal reliance on disparate-impact liability, revokes prior regulatory approvals regarding disparate-impact liability, and directs agencies to deprioritize enforcement of statutes or regulations that rely on disparate-impact theories. Key takeaways from the E.O include:
• The policy of the United States is to end the use of disparate-impact liability and ensure equal treatment under the law based on individual merit.
• Presidential approvals of certain Department of Justice Title VI regulations that authorized disparate-impact theories are revoked.
• Federal agencies are instructed to roll back, deprioritize, and reassess regulations, enforcement actions, and consent judgments rooted in disparate-impact liability.
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