The U.S. Department of Education has scrapped decades-old rules that held institutions accountable for unintentional discrimination when policies disproportionately affected certain groups, even without explicit bias. The move reverses long-standing protections under the concept of disparate impact, which allowed legal challenges based on statistical evidence of unequal treatment. Critics argue the change weakens safeguards against systemic inequities, 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 ...
