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This research addresses the impact of the DOJ's decision to eliminate disparate impact liability from Title VI regulations.

February 12, 2026

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DOJ eliminates disparate impact from Title VI. Will it affect Title II/Section 504?

MCMarc CharmatzNational Association of the Deaf

Key Points

This research addresses the impact of the DOJ's decision to eliminate disparate impact liability from Title VI regulations.
Amendment of Title VI regulations by the DOJ
Analysis of the implications of these changes
Comparison with Title II and Section 504 provisions
Disparate impact liability is removed from Title VI regulations
The amendments align with the original intent of Title VI
Reduction in compliance costs for institutions affected by Title VI

Abstract

On Dec. 10, 2025, the United States Department of Justice amended its regulations implementing Title VI of the Civil Rights Act of 1964 to eliminate disparate impact liability. See 42 U.S.C. 2000d‐1. According to the DOJ, the amendments aligned the conduct prohibited by DOJ regulations with Title VI's original public meaning, helped avoid constitutional concerns, and reduced compliance costs.

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DOJ eliminates disparate impact from Title VI. Will it affect Title II/Section 504?

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Abstract

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