The U.S. Department of Education has scrapped long-standing rules that allowed for legal accountability in cases where statistical patterns suggest discriminatory practices, even if intentional bias could not be proven. The move reverses decades of policy under which institutions could face liability for policies with unequal effects on protected groups, regardless of whether discrimination was deliberate. Critics argue the change weakens protections against systemic inequities, while supporters claim it reduces burdensome legal risks for schools and programs. The decision marks a significant shift in how federal agencies may address fairness in education and hiring under civil rights 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 ...