Justice Department Erases Disparate Impact Liability From Title VI Enforcement Regulations
On December 10, 2025, the U.S. Department of Justice (DOJ) issued a final rule removing liability for disparate impact discrimination under Title VI of the Civil Rights Act of 1964 . This rule applies to recipients of federal funding, including state and local government agencies, nonprofits, schools, and government contractors. Quick Hits The U.S. Department of Justice recently published a final rule eliminating liability for disparate impact discrimination for organizations that receive federal money . Intentional discrimination, including disparate treatment based on race, color, or national origin, remains unlawful under Title VI. The rule took effect immediately. Title VI of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, or national origin in any program or activity that receives federal funding. Title VI prohibits employment discrimination only if employment is a primary objective of the federal investment, and the alleged discr...