Codifies President Trump’s Civil Rights Reforms

WASHINGTON – U.S. Senator Mike Lee (R-UT) introduced the Restoring Equal Opportunity Act today to codify President Trump’s Executive Order prohibiting the use of disparate impact policies that incentivize racial hiring quotas. U.S. Representative Brandon Gill (R-TX) is the legislation’s co-lead in the House of Representatives.

“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.”

Background

Title VII of the Civil Rights Act prohibits employment discrimination based on race, religion, color, sex, or national origin. The purpose of this prohibition is clear: to prevent clear and overt instances of discrimination by prohibiting employers from engaging in the kinds of discriminatory practices that had become commonplace during the Jim Crow era.

In the 1971 case of Griggs v. Duke Power Company, the Supreme Court expanded this standard by ruling that in addition to overt discrimination, Title VII also prohibited any employment practices that have a “disparate impact” on minorities. The Court alleged that though Duke Power Company’s policies were not intentionally discriminatory, they could not implement job requirements that have a disparate impact on minorities and are judged to have no relation to job performance.

This unfair standard practically requires employers to impose racial quotas to avoid potential legal liability. Disparate impact prevents employers from making hiring decisions based solely on qualification and skill and requires them to engage in behavior that goes against the spirit and the letter of the Constitution. Congress codified the disparate impact standard into law via the 1991 Civil Rights Act and the Fair Housing Act, and disparate impact theory has since become the de facto method of determining discrimination.

On April 23rd, President Trump issued an executive order to end usage of the disparate impact standard in all areas of the United States government. President Trump’s executive order is a much-needed correction, and Senator Lee’s Restoring Equal Opportunity Act would permanently put an end to disparate impact and fully restore equal opportunity under the law.

The Restoring Equal Opportunity Act:

• Prohibits any disparate impact claims under Title VII of the Civil Rights Act or the Fair Housing Act. 
• Codifies President Trump’s “Restoring Equality of Opportunity and Meritocracy” executive order.  

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