These days, the Civil Rights Act of 1964 is under perhaps the most vigorous attack since it was signed into law by President Johnson over six decades ago. The authors of the controversial Project 2025 have laid out a sweeping plan to wage war on civil rights protections and diversity efforts. Not only would laws and regulations be slashed, but the government may lose the ability to enforce those statutes that would survive. These ideas are already gaining traction, and employers have begun to do the authors’ work for them by self-eliminating many vital programs.
If your rights have been violated, you need help from an experienced civil rights attorney who can help you file a lawsuit. Contact a San Francisco civil rights attorney at the Helbraun Law Firm today to schedule a free initial consultation to discuss your case and whether you can seek justice.
Project 2025 Eviscerates Many Civil Rights Protections
The Draconian provisions in the 900 pages of Project 2025 are more of a threat than ever to become law or policy throughout the United States. Many sections of the law relate to the Department of Justice and how the agency enforces laws in the country. Other provisions would weaken protections that many Americans currently have and prevent efforts from learning about discrimination. Even if many of these policies never become law at the federal level, they are already being implemented in many states. Here are some of the ways that Project 2025 would eviscerate or remove civil rights protections.
Elimination of Corporate and Federal Equity Programs
The authors of Project 2025 have particular hostility to equity programs, both in the federal government and in private industry. They aim to have the Office of Civil Rights take legal action against companies that rely on equity plans. The authors claim that corporate equity programs are an example of affirmative discrimination. At the same time, Project 2025 also calls on Congress to defund equity programs at federal agencies and eliminate these departments.
Even before any of the provisions of Project 2025 become policy or law, they are already having their intended effect. Employers across the country are rushing to scrap DEI programs to avoid the potential for future prosecutions. They have cut or eliminated their corporate departments that relate to equity.
Removing Civil Rights Protections
Project 2025 seeks to end civil rights protections for many Americans. First, the authors intend to remove federal civil rights protections for LGBTQI+ Americans, reversing the Supreme Court’s decision in Bostock v. Clayton County. Then, Project 2025 would carve out broad swaths of organizations and employers from anti discrimination laws, including institutions of higher education, religious organizations and health care workers. These organizations would be free to implement their own ideologies without any fear of discrimination lawsuits.
Ending the Disparate Impact Standard
Project 2025 also seeks to eliminate the disparate impact standard used in civil rights cases. Currently, plaintiffs do not always have to prove discriminatory intent when they file a lawsuit. It is very rare that a plaintiff would have actual evidence of discriminatory intent. Instead, a plaintiff can show discrimination when they prove that a practice or policy which seems neutral on its face actually has a disproportionate impact on a certain group. Policies will almost never be overtly discriminatory, so eliminating the disparate impact standard would make it close to impossible to win certain discrimination lawsuits.
Eliminating Much of the EEOC’s Powers
Currently, the Equal Employment Opportunity Commission has the legal authority to write regulations that apply to businesses. The agency also has the power to enforce these regulations and file actions against companies that break the rules. Not only does Project 2025 aim to take away the EEOC’s ability to issue new regulations, but it also calls on the EEOC to disclaim its regulatory authority. The agency would also not be allowed to collect annual statistics regarding race and ethnicity, which would weaken current discrimination protections.
Banning Demographic Data Collection
In general, Project 2025 would eliminate nearly all federal efforts at data collection regarding demographics. Current data collection efforts are crucial to the federal government’s understanding about what is happening across the country. For example, the Department of Education would not be allowed to collect statistics about school discipline by race. Government data helps determine funding decisions for federal and state programs, but policymakers would no longer have access to it.
Contact a San Francisco Civil Rights Law Firm Today
Reach out to the Helbraun Law Firm to discuss your case with a civil rights lawyer. You can schedule a free initial consultation with a civil rights attorney by contacting us through our website or calling us today at 415-982-4000.
