DOJ Drops Disparate Impact, Affirmative Action From Title VI Rules

December 9, 2025

What's New

The Department of Justice (DOJ) amended its Title VI regulations to prohibit only intentional discrimination, eliminating rules on disparate impact. 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 on the basis of race, color, and national origin among entities that receive federal financial assistance.

The revisions align with Executive Order 14281, Restoring Equality of Opportunity and Meritocracy, signed by President Trump earlier this year. The revised regulations take effect on December 10, 2025.

What It Means

The primary effect of changing the regulations is to clarify that DOJ will not process claims of disparate impact under Title VI. Because Title VI does not provide a private right of action for disparate impact claims, DOJ’s decision effectively eliminates the ability to pursue such claims. However, the final rule does not prevent litigants from pursuing claims of disparate impact discrimination in employment under Title VII of the Civil Rights Act.

What You Should Do

While the final rule will have minimal immediate impact on most private sector employers, DOJ’s preamble to the rule underscores the importance of using workforce demographic data to spot possible signs of intentional discrimination. However, it warns against using such data for racial balancing or other unlawful purposes. CWC members can discuss the revisions at an upcoming Conversation Corner. Stay tuned for additional CWC programming in 2026 focused on the Title VI rule changes.

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