Thread by @SenEricSchmitt

The Trump Administration just declared the EEOC’s disparate-impact regime unconstitutional.

Disparate impact forced employers to trade neutral standards for racial quotas.

This is a direct strike on one of the Left’s favorite tools for forcing racial outcomes through law.

For decades, disparate impact let our managerial elite treat neutral standards as suspect if they produced the “wrong” racial numbers.

It banned things like background checks, aptitude tests, knowledge exams, hiring screens, and merit-based selection.

That regime is over.

OLC’s conclusion is clear: EEOC’s Title VII guidelines are unconstitutional because they impose liability based on disparate outcomes alone and pressure employers into race-based decision making.

This gives force to President Trump’s April 23, 2025 Executive Order exposing disparate-impact liability as anti-merit at its core: a regime that treats differences in outcomes between identity groups as proof that neutral standards must be abandoned.

From that Executive Order:

"It is the policy of the United States to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible to avoid violating the Constitution, Federal civil rights laws, and basic American ideals."

This is what restoring equal protection looks like.

No racial quotas. No federal pressure campaign forcing employers to discriminate in the name of anti-discrimination law.

Civil rights law should mean what Americans were told it meant: equal treatment under law, meritocratic standards, and no racial balancing by bureaucrats.

The era of managerial elites laundering their left-wing nation-building project through disparate impact liability is over.