This bill, the "Restoring Equal Opportunity Act," would change two federal civil-rights statutes and cancel certain regulations. It would remove the disparate-impact provisions in section 703 of the Civil Rights Act of 1964 (Title VII) and add a ban on disparate-impact claims to section 807 of the Fair Housing Act. The bill defines "disparate impact" as a practice that is neutral on its face, not the result of intentional discrimination, but that has a disproportionate effect on certain groups. The bill also states a "sense of the Senate" that the United States should eliminate use of disparate-impact liability. Finally, it says specific Presidential approvals of earlier regulations (including certain Equal Employment Opportunity Commission and Department of Justice approvals cited by Federal Register and Code of Federal Regulations references) "shall have no force and effect."
If enacted, people could not bring legal claims under Title VII or the Fair Housing Act that rely on "disparate impact" as the basis for liability, according to the bill text. The bill text keeps the concept of disparate impact in a definitional form but prohibits actions or proceedings seeking relief based on that theory. The bill text does not change or describe claims that allege intentional discrimination.
No publicly available information on federal costs, budgetary effects, or funding changes is included in the bill text or metadata provided.
The bill text states a goal to "eliminate the use of disparate-impact liability in all contexts to the maximum degree possible" to avoid violating the U.S. Constitution, federal civil-rights laws, and what the bill calls "basic American ideals." Supporters named in the bill introduced the changes to remove disparate-impact claims from the cited statutes and to nullify certain approved regulations.
No publicly available information about opponents' views or objections is included in the bill text or metadata provided.