The U.S. Department of Justice (DOJ) has issued a final rule
that fundamentally changes existing civil rights enforcement under
Title VI of the Civil Rights Act of 1964 by eliminating
disparate-impact liability cases. The new rule states that DOJ will
focus its enforcement efforts on intentional discrimination rather
than on disparate impact. According to the DOJ, the enforcement
shift complies with the original statutory language of Title VI,
U.S. Supreme Court precedent, and the goal of ensuring equal
treatment under the law. The change also restores a narrow
interpretation of discrimination under Title VI.
Title VI prohibits institutions and organizations that receive
federal financial assistance from discriminating based on certain
protected characteristics. Therefore, any entity that receives
federal funds, including universities, hospitals, and state
agencies, cannot discriminate against individuals based on race,
color, or national origin.
