The Justice Department has amended its regulations under Title VI of the Civil Rights Act of 1964 to prohibit only intentional discrimination and to eliminate coverage of disparate impact claims. The revisions also eliminate Title VI regulations authorizing affirmative action and limit the scope of the rules prohibiting employment discrimination.
Title VI of the Civil Rights Act prohibits discrimination based on race, color, and national origin among entities that receive federal financial assistance.
The revised regulations take effect December 10. The revisions align with Executive Order 14281, which President Trump signed in April.
Title VI does not provide a private right of action for disparate impact claims, so DOJ’s decision not to process such claims effectively eliminates the ability to pursue them. Notably, the final rule does not prevent litigants from pursuing claims of disparate impact discrimination in employment under Title VII.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.