DOJ Eliminates Disparate-Impact Liability Under Title VI. What's Next?

On December 9, 2025, the Department of Justice (DOJ) published a final rule rejecting the use of disparate-impact liability, i.e., holding entities liable for discrimination due to a policy's disproportionate effect on a certain group, even without evidence of intentional discrimination. The rule removes such liability from its regulations implementing Title VI,¹ the statute that prohibits discrimination based on race, color, or national origin in programs that receive federal financial assistance.² Under the new rule, DOJ will no longer investigate Title VI disparate-impact claims or bring enforcement actions based on a disparate-impact theory, although the rule signals that the government will look to infer intentional discrimination when data establishes different outcomes or effects for different racial groups.