President Trump issued an Executive Order (EO), entitled Restoring Equality of Opportunity and Meritocracy, that declares as US policy the elimination of the use of disparate-impact liability. The EO directs federal agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability and requires agency heads, including the Director of the Consumer Financial Protection Bureau, to evaluate all pending proceedings that rely on a theory of disparate-impact liability and take appropriate action in a manner consistent with the EO.
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