The U.S. Department of Education has scrapped decades-old rules that held institutions accountable for unintentional discrimination, even when statistical patterns revealed unequal treatment. The move reverses long-standing policies that allowed claims of disparate impact—where policies or practices disproportionately affect certain groups—to be legally challenged. Critics argue the change weakens protections against systemic bias, while supporters say it reduces burdensome litigation. The decision marks a significant shift in how discrimination cases are 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 ...