Archive · 16 Dec 2025
DOJ ends disparate impact discrimination protections
The Department of Justice (DOJ) has decided to stop using a rule that helped find discrimination even if it wasn't intentional.
This rule, called 'disparate impact,' looked at policies that hurt certain groups even if that wasn't the goal.
Now, the DOJ will only go after cases where discrimination was done on purpose.
Some people, like former DOJ employees and civil rights groups, are upset because they think this will let discrimination go unchecked.
Others, like some newspapers and legal experts, support the change, saying it prevents overreach and aligns with the Constitution.
The new rules might face legal challenges and could lead to bigger debates about how to handle discrimination cases.
The DOJ will no longer use 'disparate impact' standards to pursue discrimination cases, focusing only on intentional discrimination.
Attorney General Pam Bondi announced the policy change, stating it prevents federal funding recipients from making decisions based on race.
Critics argue the change allows institutions to ignore discrimination if it's unintentional, while supporters see it as a correction to past overreach.
The move is part of a broader policy overhaul within the DOJ's Civil Rights Division.
Legal challenges and debates in judicial and legislative branches are expected regarding the role of statistical evidence in civil rights law.
- Who
- The U.S. Department of Justice (DOJ) under Attorney General Pam Bondi
- What
- Ended the use of 'disparate impact' standards in civil rights enforcement, focusing only on deliberate discrimination
- When
- Last week (specific date not mentioned)
- Where
- United States
- Why
- To prevent federal funding recipients from making decisions based on race and to correct past overreach, according to the DOJ
- Policy Change
- DOJ will no longer pursue Title VI disparate-impact liability against federal-funding recipients
- Announcement Date
- Last week (specific date not mentioned)
- Attorney General
- Pam Bondi
- Assistant Attorney General
- Harmeet K. Dhillon
- Critics' Concerns
- Allows institutions to ignore troubling statistics if unintentional
- Supporters' Views
- Revised regulations prevent overreach and align with constitutional principles
- Potential Legal Challenges
- Expected legal challenges and debates in judicial and legislative branches
- Duration of Previous Policy
- Nearly 60 years