KEY VOTE: Cosponsorship of the Restoring Equal Opportunity Act (S. 2343 / H.R. 4448)

The Restoring Equal Opportunity Act (S. 2343 / H.R. 4448), introduced by Sen. Mike Lee (R-Utah) and Rep. Brandon Gill (R-Texas), would codify President Trump's "Restoring Equal Opportunity and Meritocracy" executive order on disparate impact. The bill would repeal the sections of the 1991 Civil Rights Act that codified the disparate impact standard and would prevent any disparate impact claims under Title VII of the Civil Rights Act or the Fair Housing Act.

Title VII of the Civil Rights Act was meant to prohibit discriminatory employment practices, such as an employer refusing to hire someone based on their race. The goal was to create a level playing field in the job market for individuals who had historically experienced blatant workplace discrimination. Shortly after the Civil Rights Act was enacted, the Supreme Court changed the application of the law in the case of Griggs v. Duke Power Company to not only encompass cases of overt discrimination, but also to employment practices judged to have a “disparate impact” on minorities. Congress codified the disparate impact standard in the Civil Rights Act of 1991, and it has since become the standard metric of determining discrimination in employment.

At its core, disparate impact alleges that any practice, test, or requirement is inherently discriminatory if proficiency differs between racial groups. Under disparate impact, difference equals discrimination. Disparate impact is at the root of the worst DEI policies that place outcomes ahead of opportunities. It is at the root of modern policies that choose winners and losers based on immutable characteristics such as race and sex—the very circumstance the civil rights movement aimed to eliminate. And instead of placing the burden of proof of discrimination on the party alleging fault, disparate impact automatically assumes that any practice with a disproportionate outcome is inherently discriminatory, forcing the accused to prove their innocence. If DEI is to be dismantled, disparate impact must be removed from the equation.