This bill, named the "Restoring Equal Opportunity Act," seeks to fundamentally alter federal civil rights law by prohibiting disparate-impact claims in both employment and housing. It amends the Civil Rights Act of 1964 and the Fair Housing Act to explicitly state that no person may bring an action alleging an unlawful practice based on disparate impact. The bill defines disparate impact as a practice that is neutral on its face and lacks discriminatory intent, yet may have a disproportionate effect on certain protected groups. The legislation includes a Sense of the Senate declaring it United States policy to eliminate disparate-impact liability across all contexts to the maximum extent possible. Furthermore, it specifically nullifies certain Presidential approvals of regulations issued by the Equal Employment Opportunity Commission and the Department of Justice. These nullified regulations previously allowed for considerations of "effect" or disparate impact under Title VII and Title VI of the Civil Rights Act of 1964, thereby reinforcing the bill's intent to remove this legal theory from federal civil rights enforcement.
This bill, named the "Restoring Equal Opportunity Act," seeks to fundamentally alter federal civil rights law by prohibiting disparate-impact claims in both employment and housing. It amends the Civil Rights Act of 1964 and the Fair Housing Act to explicitly state that no person may bring an action alleging an unlawful practice based on disparate impact. The bill defines disparate impact as a practice that is neutral on its face and lacks discriminatory intent, yet may have a disproportionate effect on certain protected groups. The legislation includes a Sense of the Senate declaring it United States policy to eliminate disparate-impact liability across all contexts to the maximum extent possible. Furthermore, it specifically nullifies certain Presidential approvals of regulations issued by the Equal Employment Opportunity Commission and the Department of Justice. These nullified regulations previously allowed for considerations of "effect" or disparate impact under Title VII and Title VI of the Civil Rights Act of 1964, thereby reinforcing the bill's intent to remove this legal theory from federal civil rights enforcement.