On April 23, Donald Trump signed an executive order entitled “Restoring Equality of Opportunity and Meritocracy,” which will end “disparate-impact theory.”
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According to Heather MacDonald, writing in City Journal, disparate-impact theory states “that if a neutral, colorblind standard of achievement or behavior has a disproportionately negative effect on underrepresented minorities (overwhelmingly, on blacks), it violates civil rights laws.”
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Disparate impact theory originated in a 1971 Supreme Court case, Griggs v. Duke Power Company. The case challenged the1964 law that prohibits racial discrimination by employers. At this time, there had to be evidence of “intentional” discrimination.
The Equal Employment Opportunity Commission (EEOC) claimed that Duke Power was discriminating against black applicants because it required the passing of a standardized test and a high school diploma.
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