Education Department Strips Disparate-Impact Standard from Title VI Rules

The Department of Education announced that it is rescinding several disparate-impact provisions from its regulations implementing Title VI of the Civil Rights Act of 1964. The action implements President Trump’s Executive Order 14281 and eliminates the use of disparate-impact liability, under which a facially neutral policy or practice could result in a Title VI violation based on its disproportionate effects on protected groups without evidence of discriminatory intent. The Department stated that the changes align its regulations with Title VI’s statutory requirements.