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Justice Department Ends Disparate-Impact Liability Under Title VI, Effective Immediately

Education officials have begun rescinding prior measures to align with the new standard.

Overview

  • The DOJ on December 10 issued a final rule eliminating disparate-impact enforcement under Title VI for recipients of federal funds and said it will no longer bring such cases.
  • Intentional discrimination remains prohibited, and statistical disparities may still be used as evidence to help prove intent.
  • The move follows President Trump's April 23 executive order and has drawn praise from conservative analysts and criticism from civil-rights advocates.
  • The Education Department has started to align by withdrawing a Biden-era agreement with Rapid City, South Dakota schools addressing discipline disparities, with other agencies expected to conform.
  • The rule was implemented without public comment under an Administrative Procedure Act exception for grant- and contract-related policy changes.