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8A I
MIAMI HERALD I
MONDAY MAYR 2025
FROM PAGE 6A
TRUMP
more.
Civil rights prosecutors
say the disparate -impact
testis one of their most
important tools for uncov-
ering discrimination be-
cause it shows how a
seemingly neutral policy
or law has different out-
comes for different de-
mographic groups, reveal-
ing inequities.
Lawyers say the test has
been crucial in showing
how criminal background
and credit checks affect
employment of Black
people, how physical ca-
pacity tests inhibit em-
ployment opportunities for
women, how zoning reg-
ulations could violate fair
housing laws, and how
schools have meted out
overly harsh discipline to
minority students and
children with disabilities.
Over the past decade,
major businesses and
organizations have settled
cases in which the dispa-
rate -impact test was ap-
plied, resulting in signif-
icant policy changes.
One of the largest set-
tlements involved Wal-
mart, which in 2020
agreed to a $20 million
settlement in a case
brought by the Equal Em-
ployment Opportunity
Commission that claimed
the company's practice of
giving physical ability tests
to applicants for certain
grocery warehouse jobs
made it more difficult for
women to get the posi-
tions.
The use of the dispa-
rate -impact rule, however,
has also long been a target
of conservatives who say
that employers and other
entities should not be
scrutinized and penalized
for the mere implication
of discrimination, largely
on the basis of statistics.
Instead, they argue that
such scrutiny should be
directed at the explicit and
intentional discrimination
prohibited by the Civil
Rights Act
Opponents say that the
disparate -impact rule has
been used to unfairly
discriminate against white
people. In 2009, the Su-
preme Court ruled in favor
of white firefighters in
New Haven, Connecticut,
who claimed reverse dis-
crimination when the city
threw out a promotional
examination on which
they had scored better
than Black firefighters.
Tramp's order resurrec-
ts a last-ditch effort made
in the final days of his first
term to repeal disparate -
impact regulations
through a formal rule -
making process, which
was nixed by the Biden
administration when Bi-
den left office.
The new order, titled
"Restoring Equality of
Opportunity and Merito-
cracy," echoes arguments
Trump has adopted from
far -right conservatives,
who say that the country
has become too focused
on its racist history and
that protections from the
civil rights era have led to
reverse racism against
non -minority groups.
Disparate -impact liabil-
ity is part of"a pernicious
movement" that seeks to
"transform America's
promise of equal opportu-
nity into a divisive pursuit
of results preordained by
irrelevant immutable
characteristics, regardless
of individual strengths,
effort or achievement,"
the order stated.
The president ordered
federal agencies to "elim-
inate the use of disparate -
impact liability in all con-
texts to the maximum
degree possible," under
the law and Constitution,
and required that agencies
"deprioritize enforcement
of all statutes and reg-
ulations to the extent they
include disparate impact
liability."
That means no new
cases are likely to rely on
the theory in civil rights
enforcement — and exist-
ing ones will not be en-
forced.
His order also instructs
agencies to evaluate exist-
ing consent judgments
and permanent injunc-
tions that rely on the legal
theory, which means that
cases and agreements in
which discrimination has
been proved could be
abandoned.
The order takes aim
directly at the use of the
test in enforcing the Civil
Rights Act, requiring At-
torney General Pam Bondi
to begin repealing and
amending any regulations
that apply disparate -im-
pact liability to implement
the 1964 law.
One of the most glaring
examples in history of how
seemingly race -neutral
policies could disenfran-
chise certain groups are
Jim Crow -era literacy
tests, which some states
set as a condition to vote
after Black people secured
rights during Reconstruct-
ion.
The literacy tests did
not ask about race, but
were highly subjective in
how they were written and
administered by white
proctors.
They disproportionately
prevented Black people
from casting ballots, bar-
ring many who had re-
ceived an inferior educa-
tion in segregated schools,
and were eventually out-
lawed with the passage of
the Voting Rights Act of
1965.
In 1971, the Supreme
Court established the
disparate -impact test in a
case that centered on a
North Carolina power
plant that required job
pplicants to have a high
school diploma and pass
an intelligence test to be
hired or transferred to a
higher -paying department
The court ruled unani-
mously that the compa-
ny's requirements violated
the Civil Rights Act be-
cause they limited the
promotion of minorities
and did not measure job
capabilities.
Tr unp's executive or-
der, which is likely to face
legal challenges, falsely
claimed that the dispa-
rate -impact test was "un-
lawful" and violated the
Constitution. In fact, the
measure was codified by
Congress in 1991, upheld
by the Supreme Court as
recently as 2015 as a vital
tool in the work of protect-
ing civil rights, and cited
in a December 2024 dis-
sent by Justice Samuel
Aluo.
Harrison Fields, a White
House spokesperson, said
the disparate impact
theory "wrongly equates
unequal outcomes with
discrimination and actual-
ly requires discrimination
to rebalance outcomes."
"The Trump adminis-
tration is dedicated to
advancing equality, com-
bating discrimination and
promoting merit -based
decisions, upholding the
rule of law as outlined in
the U.S. Constitution,"
Fields said.
Giancarlo Canaparo, a
senior legal fellow at the
Heritage Foundation who
has argued that eliminat-
ing disparate impact
would be the f al blow to
DEI, noted that Trump
would need the help of
Congress to fully eradicate
the rule.
But he said the presi-
dent's order would still
have a "salutary" impact
on the American public by
helping people understand
that racial animus and
disparate outcomes "are
not the same things, and
they shouldn't be treated
the same way in law."
"These claims that rac-
ial discrimination is the
sole cause of racial dis-
parities in this country is
just empirically false,"
Canaparo said."The
problem with disparate -
impact liability is that it
presumes that falsehood is
true, and accordingly
distorts civil rights."
Tramp's order contends
that businesses and em-
ployers face an "insur-
mountable" task of prov-
ing they did not intend to
discriminate when there
are different outcomes for
different groups, and that
disparate impact forced
them to "engage in racial
balancing to avoid poten-
tially crippling legal liabil-
ity."
FROM PAGE 6A
LEO XIV
moral questions.
The document "ad-
dressed the social ques-
tion in the Context of the
fast great industrial revo-
lution," Leo explained.
Now, the pope added,
another industrial revolu-
tion was taking place in
the field of artificial in-
telligence. That, he said,
would "pose new chal-
lenges for the defense of
human dignity, justice and
labor."
The church, he said,
"offers to everyone the
treasury of her social
teaching in response."
The reference to Fran-
cis' document was not the
only endorsement that the
new pope gave of his pred-
ecessor. Francis, Leo
noted, was a "humble
servant of God and of his
brothers and sisters" who
gave an "example of com-
plete dedication to service
and to sober simplicity of
life."
After the pope's ad-
dress, some of the cardi-
nals also made speeches.
Dominik Duka, a cardinal
from Prague, said the
subject of some of the
speeches was the theme of
"synodality" — referring
to the process of dialogue
between church leaders
and lay people that was
one of Francis' signature
legacies.
Miami iferalb
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At the Miami Herald, we've always belleved a newspaper should
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MORE REPORTING THAT MATTERS
Duka said there had
also been mention of the
Vatican's relationship with
China. During his papacy,
Francis made a deal with
Beijing in the hopes of
bolstering the church's
presence there.
The cardinals appeared
to have noted the message
about maintaining the
direction set by Francis'
papacy.
As he exited the meet-
'ng, Cardinal Baltazar
Enrique Porras Cardozo of
Venezuela said the pope
'spoke about the continui-
ty of the pontificate of
Francis and then he asked
some questions to us."
Those questions were
"mostly about the forma-
tion of priests and bish-
ops," the cardinal added.
On his way out of the
meeting, Cardinal Sean
Brady of Ireland said Leo
was in the process of
"greeting everybody now,
which is very nice."
On Saturday, after the
meeting, Leo made an
unannounced visit to Our
Lady of Good Council in
Genazzano, an Augusti-
nian sanctuary outside
Rome. A cheering crowd
greeted him as he exited
the passenger seat of a
black minivan. Residents
of the town leaned out of
windows to take pictures
of the pope as he shook
hands and waved to those
gathered.
Later, he paid a visit to
St. Mary Major, where
Francis is buried. He stood
in front of his predeces-
sor's simple marble tomb.
Before kneeling in front of
it in prayer, he laid a white
rose on it
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