The U.S. Department of Justice has issued a new rule eliminating disparate-impact liability under Title VI, asserting that only intentional discrimination violates federal civil rights law. In doing so, the department has disregarded more than 60 years of legal precedent and administrative practice, recognizing that discriminatory outcomes can occur regardless of intent.
This rule represents a significant retreat from long-established civil rights protections that have evolved over generations to identify, and prevent discrimination based on race. It further emboldens practices that may harm those disproportionately affected by systemic inequities, even when discriminatory intent is not overt, but little is done to assess impact.
Equally troubling is the department’s claim that it does not need to follow the traditional rule-making process or provide opportunities for public input for such a consequential change. The result of the DOJ's rule purposely undermines transparency, diminishes public trust, and raises serious concerns about accountability in hard-won federal policymaking.
The implications for higher education are far-reaching. Colleges and universities depend on clear, consistent civil rights guidance to inform them on their obligations to adhere to the law and ensure equitable access and opportunity for all students. There can be no doubt that this change is purposeful, and to refer to the change as providing equal protection is disingenuous. Narrowing the definition of discrimination threatens progress toward inclusive learning environments and will undoubtedly permit policies that disproportionately burden communities on the basis of race. That is our history, and this is not an unreasonable interpretation, or a prediction of outcome as a result of this change.
NADOHE remains steadfast in its commitment to advancing equity and safeguarding the civil rights of all individuals. We will continue to monitor implementation of this rule, engage with our members and partners, and support efforts that promote fairness and equity.
Progress achieved over the past 60 years is neither accidental nor assured. It requires vigilance and unwavering resolve. NADOHE will continue to advocate for higher education institutions to be places where equity is expanded — not constrained — and where civil rights protections remain foundational to our mission.