Restoring Equal Opportunity Act
The Restoring Equal Opportunity Act would dramatically narrow civil rights litigation by prohibiting disparate-impact claims in both employment and housing. It would amend the Civil Rights Act of 1964 (Title VII) and the Fair Housing Act to bar lawsuits or proceedings based on the theory that a neutral policy or practice has a disproportionately adverse effect on protected groups, even if there was no intent to discriminate. In addition, the bill would nullify certain presidential approvals of federal regulations that currently interpret or implement anti-discrimination laws (notably the EEOC’s Title VII regulations and DoJ’s Title VI regulations). The overall aim, according to the bill, is to reduce disparate-impact liability to the greatest extent possible, aligning with a view that such liability risks constitutional concerns. Introduced by Senator Mike Lee on July 17, 2025, the bill would shift the legal standard from “disparate impact” to a regime that emphasizes intentional discrimination (disparate treatment) and would remove key regulatory guidance that supports disparate-impact analyses.
Key Points
- 1Prohibits disparate-impact claims in employment: Amends Section 703 of the Civil Rights Act of 1964 to strike the current disparate-impact provision and replace it with a rule that no one may bring an action alleging unlawful employment practice based on disparate impact. Defines disparate impact as a neutral practice that may have a disproportionate effect on protected groups, but without allowing a claim under this basis.
- 2Prohibits disparate-impact claims in housing: Amends Section 807 of the Fair Housing Act to similarly bar discriminatory housing claims based on disparate impact, using the same neutral-vs-disproportionate-effect definition.
- 3Defines disparate impact: In both contexts, a policy or practice that is neutral on its face, does not reflect intentional discrimination, but may have a disproportionate effect on protected classes.
- 4Nullifies certain federal regulations: Repeals Presidential approvals of specified federal anti-discrimination regulations, including EEOC Title VII regulations (31 Fed. Reg. 10269) and Department of Justice Title VI regulations (38 Fed. Reg. 17955), as applied to particular CFR provisions. This would remove those regulatory interpretations from force.
- 5Sense of the Senate: The bill expresses a policy preference to eliminate disparate-impact liability to the maximum extent possible to avoid constitutional or statutory conflicts.