❓WHAT HAPPENED: The Department of Justice (DOJ) issued a final rule eliminating “disparate impact” liability from its Title VI regulations.
👤WHO WAS INVOLVED: The DOJ, Attorney General Pam Bondi, and Assistant Attorney General Harmeet K. Dhillon.
📍WHEN & WHERE: December 9, 2025, United States.
💬KEY QUOTE: “For decades, the Justice Department has used disparate-impact liability to undermine the constitutional principle that all Americans must be treated equally under the law.” – Pam Bondi
🎯IMPACT: This move restores the Civil Rights Act of 1964 to its original meaning, requiring evidence of intentional discrimination in Title VI cases.
The U.S. Department of Justice (DOJ) has announced a final rule that eliminates all “disparate impact” liability from its Title VI regulations. This significant change restores the original intent of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin in federally funded programs and activities.
Previously, policies that were race-neutral could be challenged if they resulted in different outcomes among racial groups. This “disparate impact” standard did not require proof of intentional discrimination, only statistical disparities. In most cases, the demonstration of “disparate impact” would result in DOJ litigation or regulatory action.
The new rule, issued late Tuesday, mandates that all future Title VI cases handled by the DOJ will now require evidence of intentional discrimination and not simply a statistical demonstration of “disparate impact.” In April, President Donald J. Trump issued an Executive Order directing his administration to end the use of the “disparate impact” standard, with White House officials contending the policy forced government agencies, schools, and private companies to make race-based decisions out of fear of legal action.
Addressing the end of the “disparate impact” standard, Attorney General Pam Bondi stated, “For decades, the Justice Department has used disparate-impact liability to undermine the constitutional principle that all Americans must be treated equally under the law.”
Assistant Attorney General Harmeet K. Dhillon noted that the previous regulations encouraged lawsuits without evidence of actual discrimination.
Department of Justice Rule Restores Equal Protection for All in Civil Rights Enforcement
“The prior ‘disparate impact’ regulations encouraged people to file lawsuits challenging racially neutral policies, without evidence of intentional discrimination,” said @AAGDhillon. “Our… pic.twitter.com/EjhLR6WhWe
— DOJ Civil Rights Division (@CivilRights) December 9, 2025
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