H.R. 4448 — Restoring Equal Opportunity Act

This section expresses the sense of the Senate that it is the policy of the United States to eliminate disparate-impact liability (i.e., liability based on unintended discriminatory effects rather than intent) in all contexts to the maximum extent possible to avoid violating the Constitution, federal civil rights laws, and basic American ideals.

This section prohibits claims alleging unlawful employment practices based on disparate impact under Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). (Thus, such claims—which challenge facially neutral employment practices that disproportionately affect protected classes (i.e., on the basis of race, color, religion, sex, or national origin) without discriminatory intent—are no longer permitted.)

This section prohibits claims alleging discriminatory housing practices based on disparate impact under the Fair Housing Act (i.e., a facially neutral practice without intent to discriminate that has a disproportionate effect on protected classes). (Thus, only claims of intentional discrimination remain actionable.)

This section nullifies the force and effect of specified Presidential approvals of regulations promulgated under section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1)—which authorizes agencies to issue rules enforcing Title VI's prohibition on race, color, or national origin discrimination in federally assisted programs (42 U.S.C. 2000d)—as follows: (1) Equal Employment Opportunity Commission regulations relating to Title VII of the Civil Rights Act of 1964, as applied to 28 CFR 42.104(b)(2) in full; and (2) Department of Justice regulations implementing Title VI, as applied to the phrase "or effect" in both places it appears in 28 CFR 42.104(b)(3), and to 28 CFR 42.104(b)(6)(ii) and 42.104(c)(2) in full. (Thus, these provisions—which extend Title VI enforcement to actions having the disparate impact or effect of discrimination, in addition to purposeful discrimination—no longer apply.)