Restoring Equal Opportunity Act
Summary
The Restoring Equal Opportunity Act aims to amend the Civil Rights Act of 1964 and the Fair Housing Act by prohibiting disparate-impact claims. This bill seeks to eliminate the use of disparate-impact liability in employment and housing practices. It argues that such liability may violate the Constitution and basic American ideals. The Act also nullifies specific presidential approvals of regulations related to disparate impact under Title VI of the Civil Rights Act of 1964.
Expected Effects
If enacted, the bill would significantly limit the ability to bring claims of discrimination based on disparate impact. This could lead to changes in how employment and housing practices are evaluated for potential discrimination. It may also reduce the legal burden on businesses and housing providers to proactively address unintentional discriminatory outcomes.
Potential Benefits
- May reduce frivolous lawsuits against businesses and housing providers.
- Could simplify compliance for employers and landlords, reducing administrative costs.
- Potentially fosters a focus on intentional discrimination, which may be seen as more aligned with the original intent of civil rights laws.
- May lead to more objective and standardized practices in hiring and housing.
- Could reduce the risk of businesses and housing providers implementing quotas to avoid disparate impact claims.
Most Benefited Areas:
Potential Disadvantages
- May make it more difficult to address systemic discrimination that results from neutral policies.
- Could disproportionately affect protected classes who may experience unintentional discrimination.
- May reduce accountability for businesses and housing providers to proactively address discriminatory outcomes.
- Potentially weakens the effectiveness of civil rights laws in achieving equal opportunity.
- Could lead to increased inequality in employment and housing opportunities for certain groups.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is debatable. Proponents may argue it aligns with principles of equal protection by focusing on intentional discrimination. Opponents may argue it undermines the Constitution's guarantee of equal opportunity by limiting remedies for discriminatory outcomes, potentially conflicting with the spirit of the 14th Amendment's Equal Protection Clause. The bill's sense of the Senate references avoiding violating the Constitution, but the actual impact on constitutional principles is subject to interpretation.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).