DOJ Amends Regulations to Remove Reference to Disparate Impact Liability

The Department of Justice recently issued a final rule which amends its regulations governing Title VI of the Civil Rights Act of 1964 to remove references to disparate impact liability.

Title VI prohibits discrimination based on race, color, or national origin with respect to participation, benefits or, other aspects of programs or activities receiving Federal financial assistance (i.e., federal funding), which can include housing-related programs.  In April 2025, the new administration issued an executive order requiring agencies to eliminate the use or application of disparate impact liability to the fullest extent possible.  The new DOJ regulations therefore amend the applicable regulations to remove language which covers actions beyond intentional discrimination by prohibiting conduct that has an unintentional disparate impact.

The new regulations state that they are not intended to change any restrictions on intentional discrimination.  They go into effect immediately.