The U.S. Department of Education has scrapped decades-old regulations that allowed for legal challenges based on statistical evidence of discrimination, even when unintentional. The move reverses policies that had previously permitted claims of disparate impact—where practices, though neutral on the surface, disproportionately affected certain groups. Critics argue the change weakens protections against systemic bias in education, while supporters say it reduces burdensome litigation. The decision marks a significant shift in how discrimination cases may be evaluated under federal 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 ...