The Justice Department on Tuesday finalized a new rule restoring an equal-protection standard in civil rights enforcement by eliminating disparate-impact liability from its Title VI regulations and limiting cases to intentional discrimination under the Civil Rights Act of 1964.
“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,” Attorney General Pamela Bondi said. “No longer.”
Assistant Attorney General Harmeet K. Dhillon said the previous framework encouraged lawsuits against neutral policies without proof of intent and led to race- and sex-based enforcement. Chief of Staff Nicholas Schilling said the rule restores the 1964 law’s original focus on merit and equal treatment.
The disparate-impact standard was added by regulation in 1973, allowing liability based on statistical outcomes rather than intent, and had already been blocked in at least one state. The department said the new rule aligns with Supreme Court precedent, reduces compliance burdens on federal fund recipients, and restores consistency in civil rights enforcement.
