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.
The chapter only raised this as an option, not a call to act. It said the rule could be ended by law or narrowed by an agency. The order takes the second path. Because the chapter was tentative, this is not a plank carried out.
34 agency rules
- Rescinding Regulations Related to Nondiscrimination in Federally Assisted Programs or Activities (General Provisions)Energy Department · September 10, 2025
- Rescinding Regulations Related to Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial AssistanceEnergy Department · September 10, 2025
- Rescinding Regulations for Loans for Minority Business Enterprises Seeking DOE Contracts and AssistanceEnergy Department · September 10, 2025
- Rescinding Regulations Related to Nondiscrimination in Federally Assisted Programs or Activities (General Provisions)Energy Department · December 9, 2025
- Rescinding Regulations Related to Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial AssistanceEnergy Department · December 9, 2025
- Rescinding Regulations for Loans for Minority Business Enterprises Seeking DOE Contracts and AssistanceEnergy Department · December 9, 2025
- Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or ActivitiesEnergy Department · December 9, 2025
- Rescinding Portions of Department of Justice Title VI Regulations To Conform More Closely With the Statutory Text and To Implement Executive Order 14281Justice Department · December 10, 2025
- Rescinding Regulations Related to Nondiscrimination in Federally Assisted Programs or Activities (General Provisions)Energy Department · March 6, 2026
- Rescinding Regulations Related to Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial AssistanceEnergy Department · March 6, 2026
- Rescinding Regulations for Loans for Minority Business Enterprises Seeking DOE Contracts and AssistanceEnergy Department · March 6, 2026
- Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or ActivitiesEnergy Department · March 6, 2026
22 more not listed here.
Each of these names the order above in its own summary, preamble or filing. That is a fact about the document, not a finding that it carries out this proposal: it is one step further away than the order is, and what it does about the proposal is a reading nobody has made here.