Higher Ed Counsel & Strategic Solutions

On December 10, 2025, the US Department of Justice (DOJ) announced that it was rescinding portions of Title VI regulations that impose liability for “criteria or methods of administration which have the effect of subjecting individuals to discrimination,” also known as disparate impact liability. DOJ will now enforce Title VI only against intentional discrimination, not against neutral policies that have disproportionate effects on racial or ethnic groups. The move follows an April 23, 2025 Executive Order directing the Attorney General to review Title VI regulations and “initiate appropriate action to repeal or amend” those regulations “to the extent they contemplate disparate-impact liability.”