Milt Harris ——Bio and Archives--December 17, 2025

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Last week, the Trump Justice Department issued a new rule updating its Title VI regulations under the Civil Rights Act of 1964. This rule eliminates disparate impact liability, meaning that a program or decision-maker is no longer presumed to be guilty of racial discrimination solely because their policies or decisions affect different racial or ethnic groups in various ways.

Congress enacted Title VI of the Civil Rights Act to prohibit intentional discrimination on the basis of race, color, or national origin in programs that receive federal funding. Title VII addresses discrimination specifically in private-sector employment and hiring practices. The nondiscrimination laws from this period are often referred to as equal opportunity laws.

None of these laws refers to "disparate impact."

They targeted intentional bigotry and prejudice that unfairly deprives........

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