The U.S. Transportation Department is rescinding part of its civil rights regulations that prohibit conduct with an unintentional "disparate" impact. This follows a directive from President Donald Trump and aligns with a Justice Department rule.
The rescission of disparate impact regulations removes a tool used for decades to police discrimination in areas beyond employment, potentially impacting housing, education, and lending.
The U.S. Transportation Department announced it is rescinding part of its long-standing civil rights regulations that prohibit conduct with an unintentional disparate impact. This move follows a directive from President Donald Trump in April 2025, which ordered federal agencies to stop enforcing laws against policies and practices that have unintended discriminatory effects.
On Tuesday, the Justice Department stated that the Equal Employment Opportunity Commission's legal guidance on deterring disparate impacts on protected worker groups is incorrect because it focuses solely on outcomes without considering an employer's intent. The Department of Justice has issued a final rule, effective December 10, 2025, that eliminates disparate impact liability regulations under Title VI of the Civil Rights Act of 1964. This rule removes provisions that previously imposed liability on federal funding recipients for criteria or methods of administration that had the effect of subjecting individuals to discrimination, and also removes requirements for affirmative action to overcome prior discrimination. The DOJ stated these changes were made to address statutory and constitutional concerns and to align with the original public meaning of Title VI, prohibiting only intentional discrimination.