President Trump has commanded federal agencies to abandon the use of a long -term legal tool used to clarify discrimination against minorities, a step that could resemble the country’s civil rights law in the country.
in Wide executiveMr. Trump directed the federal government to reduce the use of “different responsibility”, a basic principle used for decades to implement the civil rights law of 1964 by determining whether policies are unsuccessful for certain groups.
The small thing that was released, released Last month, with a group of others targeting stocks Policies, the latest effort in Mr. Trump’s aggressive batch to disinfect the consideration of diversity, stocks, inclusion, or Dei, from Federal government Each aspect of American life.
The guidance emphasizes how Mr. Trump’s Crusader campaign, which is to exit from Dei – the Catchalle term is increasingly used to describe policies that benefit any non -white and male person – now focuses not only on targeting programs and policies that may help historically marginalized groups, but also on the law that has been created to protect them.
“This aims to destroy the basis for protecting civil rights in this country, and it will have a devastating impact on black property and other colored societies,” said Darilyly Rodriguez, Acting Adviser to the Civil Rights Committee under law under the law..
The varying test was necessary to enforce the main parts of the historical civil rights law, which prohibits federal financing recipients from discrimination based on race, color or national origin. For decades, it was relied upon by the government and lawyers to clarify discrimination in the areas of employment, housing, police, education and more.
Civil rights prosecutors say that the varying test is one of their most important tools to reveal discrimination because it explains how neutral policy or law appears to have different results of different demographic groups, and reveals inequality.
Lawyers say that the test was very important in showing how criminal checks and credit tests affect blacks, how physical abilities tests prevent job opportunities for women, how they can violate the regulations for dividing fair laws, and how schools have been excessively cruelty discipline For students of minorities and children with disabilities.
Over the past decade, the major companies and organizations have settled cases in which the different test has been applied, which led to major changes in politics.
One of the largest settlements that included Walmart, which in 2020 agreed to a $ 20 million settlement In the case submitted by the Equal Opportunities Committee This was killed by practicing the company by giving physical ability tests to applicants for some groceries’ warehouse functions that made it difficult for women to obtain positions.
However, the use of the varying rule of influence was also not a target for conservatives who say that employers and other entities should not be examined and punishing mere discrimination, largely based on statistics. Instead, they argue that this scrutiny must be directed to the explicit and deliberate discrimination prohibited by the Civil Rights Law.
Opponents say this varying rule has been used to unrelently distinguish against eggs. In 2009, Supreme Court I ruled for the white firefighters In New Haven, Connecticut, who claimed reverse discrimination when the city delivered a promotional exam they recorded better than black firefighters.
Mr. Trump ordered a revival The last effort in the last days of his first term To abolish the different regulations through an official process to make the rules, which were moved by the Biden administration when he left his position.
The new request, entitled “Restore equality in opportunities and entitlement”, “ The arguments adopted by Mr. Trump from the right -wing conservatives, who say that the country has become greatly focused on its racial history, and that protection from civil rights has led to the opposite of racism against non -governmental groups.
The varying responsibility in influencing is part of a “harmful movement” that seeks to “transform America’s promise to equal opportunities to the division -exciting pursuit of pre -results through non -relevant relevant characteristics, regardless of individual strengths, effort or achievement”, as stated.
The President ordered the federal agencies to “cancel the use of varying responsibility in all contexts to the possible maximum”, under the law and the constitution, and requires the agencies “the implementation of all laws and regulations to the extent that includes various responsibility.”
This means that no new cases are likely to rely on the theory to enforce civil rights – and current cases will not be applied.
He also guides the agencies of the agencies to assess the provisions of current approval and permanent restrictions that depend on legal theory, which means that the cases and agreements in which discrimination are proven can be abandoned.
This matter directly aims to use the test in implementing the Civil Rights Law, which requires the Prosecutor Pam Bondi to start canceling any regulations that apply to the implementation of the 1964 law.
One of the most flagrant examples in the history of how neutral policies seems to be prohibiting certain groups of literacy in the Jim Crowe era, which put some states as a condition for voting After blacks obtained rights during the reconstruction.
Literacy tests did not ask for sweat, but it was very self -that in how they were written and managed by egg Proctors. They were inappropriately prevented from throwing ballot papers, including many who received a lower education in separate schools, and they eventually banned the approval of the 1965 voting rights law.
In 1971, and supreme court I created the varying effect test in the event that it focused on a power plant in North Carolina, which requires applicants for jobs to obtain a high school diploma and the intelligence test to be appointed or transferred to a higher wage department. The court unanimously ruled that the company’s requirements violate the Civil Rights Law because it limited the strengthening of minorities and did not measure job capabilities.
Mr. Trump’s executive order, which is likely to face legal challenges, has falsely claimed that the varying test is “illegal” and violates the constitution. In fact, this measure was recorded by Congress in 1991, Support By the Supreme Court recently in 2015 as a vital tool in the work of protecting civil rights, and it was martyred In the opposition of December 2024 Written by Judge Samuel a. Alto Junior
Harrison Fields, a White House spokesman, said the different influence theory “is wrongly equivalent to unequal results with discrimination and actually requires discrimination of the results of re -balance.”
Mr. Fields said: “The Trump administration is devoted to the development of equality, combating discrimination, promoting merit -based decisions, and supporting the rule of law as shown in the United States constitution.”
Giancarlo Canaparo, a senior legal colleague at the Heritage Foundation argued that eliminating this The different effect will be the final strike of DeiNote that Mr. Trump will need help from Congress to completely eliminate the base.
But he said that the president’s matter will have a “useful” impact on the American public by helping people understand that racist animation and different results “are not the same things, and they should not be dealt with in the same way in the law.”
“These allegations are that racial discrimination is the only reason for racist variations in this country is just an experimental wrong.” “The problem of different responsibility is that it assumes that falsehood is correct, and thus distorts civil rights.”
Mr. Trump’s order claims that companies and employers face a “uninterrupted” task to demonstrate that they do not intend to distinguish when there are different results for different groups, and that the different impact forced them to “engage in racial balance to avoid possible legal responsibility.”
Catherine E. Lamoun, who held the position of head of the Ministry of Education Office for Civil Rights under the heads of Barack Obama and Joseph R. Biden Junior, the disputed. She said that her office had made many different investigations that did not find any deliberate violations.
“It is a strict test, sometimes it proves discrimination and sometimes does not do it,” said Ms. Lamun.
The matter will be particularly impact in the Ministry of Education, where the Civil Rights Office was strongly approved On data that shows different results when investigating discrimination complaints in schools.
In one case, the office studied great contrasts in the rates of indigenous American students who are disciplined, especially to absent from their absenteeism, compared to their white peers in the city’s fast city schools in South Dakota. In the context of the investigation, the principal attributed the delay of the original American students to the “Indian Time”, according to the Ministry of Education’s report. The supervisor was later apologized and the shooting was shot.
Last year, the educational zone agreed to make changes to its practices as part of a Voluntary decision agreement With the Ministry of Education. The Trump administration suddenly ended this agreement in April, noting the president’s directives to eliminate the conscious policies of race.
Ministry of Justice He also has long relied on theory To determine the patterns of police misconduct and other discrimination spread in color societies. In 2018, the administration helped Ensure settlement and approval decree With the city of Jacksonville and the Jacksonville Fire Department after they found that black firefighters were banned from promotional performances due to an irreplaceable test for firefighting operations.
Now the Ministry of Justice The Civil Rights Department is besieged Officials said that he had completely stopped the use of vague investigations.
In an interview with last month, Harmet K. praised. Delon, civil rights prosecutor, to the executive order of the decline in what he calls “a very interesting theory” that it “must be rejected.”
“We are no longer in this work, according to the executive order,” she said to the conservative Podcast Host.
She indicated that the level of discrimination that prompted civil rights laws no longer exists. She said: “It is 2025, today, and the idea that some police station or some of the large employer can be prosecuted due to the statistics that can be tampered with, which is ridiculous and unfair.”
Civil rights defenders say Mr. Trump is trying to effectively combat discrimination by Fiat.
Ms. Rodriguez, of the Civil Rights Committee for Lawy There are no artificial barriers Which limits equal access to economic opportunities in every aspect of our daily life. She added that the test helps to clarify the discrimination that many people may not realize that it restricts their chances.
“The effect of this” cannot be exaggerated.
