End or narrow the disparate impact doctrine
What the document says“This doctrine of disparate impact could be ended legislatively or at least narrowed through the regulatory process by a future Administration.”
Stated as a possibility rather than a recommendation: that the disparate impact doctrine, which the chapter describes as treating test results suggestive of discrimination as actionable without evidence of intent, could be ended by legislation or narrowed by regulation.
What the document actually says“This doctrine of disparate impact could be ended legislatively or at least narrowed through the regulatory process by a future Administration.”
Congress could end this rule by passing a law. Or a future president could at least shrink it by changing the rules.
One rule says a test can be unfair even when no one meant it to be. It looks at who passes, not at what was meant. The book says a future president could shrink this rule. Congress could end it. The book lists this as something that could happen. It does not ask for it.
Restoring Equality of Opportunity and Meritocracy
2025-04-23 · 90 FR 17537
The chapter raised ending or narrowing disparate impact as a possibility rather than a recommendation: 'could be ended legislatively or at least narrowed through the regulatory process'. This order acts by the executive route on the narrower of the two. The chapter's framing was conditional, so a reader should not treat this as an implemented plank.