The U.S. Department of Education has scrapped decades-old rules that held institutions accountable for unintentional discrimination when statistical patterns suggested unequal treatment. The move reverses long-standing policies that required proof of disparate impact—where policies or practices disproportionately affect protected groups—even without direct intent. Critics argue the change weakens protections against systemic bias in education, while supporters claim it reduces burdensome legal risks for schools and lenders. The decision marks a significant shift in how discrimination cases may be evaluated under federal education law.
The U.S. Department of Education on Thursday eliminated regulations going back more than 60 years that recognized liability for disparate impact, such as when statistics demonstrate a discriminatory ...