{"description":"Documents matching 'disparate impact' and of type Rule","count":1356,"total_pages":50,"next_page_url":"https://www.federalregister.gov/api/v1/documents?conditions%5Bterm%5D=disparate+impact&conditions%5Btype%5D%5B%5D=RULE&format=json&page=2","results":[{"title":"Rescinding Portions of the Department of Education Title VI Regulations To Align With the Statutory Text and Conform to Executive Order 14281","type":"Rule","abstract":"The Secretary of Education amends the regulations implementing Title VI of the Civil Rights Act of 1964 (\"Title VI\") to eliminate disparate-impact liability. These amendments bring the U.S. Department of Education's (Department's) regulations in line with Title VI's original public meaning, avoid constitutional concerns, implement changes that are consistent with Executive Order 14281, \"Restoring Equality of Opportunity and Meritocracy,\" reflect the Department's independent policy determinations, reduce confusion and uncertainty, lower compliance costs for recipients of Federal financial assistance, and serve the public interest. After reviewing the relevant issues, weighing the various factors, and analyzing the pertinent considerations, the Department concludes that these reasons, separately and cumulatively, support eliminating disparate-impact liability from the Department's Title VI regulations.","document_number":"2026-15019","html_url":"https://www.federalregister.gov/documents/2026/07/24/2026-15019/rescinding-portions-of-the-department-of-education-title-vi-regulations-to-align-with-the-statutory","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-07-24/pdf/2026-15019.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-15019.pdf?1784810714","publication_date":"2026-07-24","agencies":[{"raw_name":"DEPARTMENT OF EDUCATION","name":"Education Department","id":126,"url":"https://www.federalregister.gov/agencies/education-department","json_url":"https://www.federalregister.gov/api/v1/agencies/126","parent_id":null,"slug":"education-department"}],"excerpts":"to unintentional disparate effects or impact. \n See Alexander \n v. \n Sandoval, \n 532 U.S. 275, 280 (2001) (“[I]t is . . . beyond dispute—and no party disagrees—that [Title VI] prohibits only intentional discrimination.”).\n 1 \n \n The statute does not explicitly provide any Federal department or agency with authority to prohibit unintentional disparate impact. And despite ample opportunity, Congress has not amended Title VI to impose disparate-impact liability.\n \n \n \n 1 \n Aside from removing provisions that impose disparate-impact liability, or permit"},{"title":"Rescinding Portions of Department of Labor Title VI Regulations","type":"Rule","abstract":"The Department of Labor (\"Department\") amends its regulations implementing Title VI of the Civil Rights Act of 1964 (\"Title VI\") to eliminate disparate-impact liability. These amendments align the Department's regulations with Title VI's original public meaning, avoid constitutional concerns, reduce compliance costs, and serve the public interest.","document_number":"2026-13371","html_url":"https://www.federalregister.gov/documents/2026/07/02/2026-13371/rescinding-portions-of-department-of-labor-title-vi-regulations","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-07-02/pdf/2026-13371.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-13371.pdf?1782909915","publication_date":"2026-07-02","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Office of the Secretary of Labor"}],"excerpts":"version of disparate-impact liability, but concluded that any version of disparate-impact liability would be inconsistent with Title VI's original public meaning. \n Id. \n at 57144-45. And DOJ concluded that the regulatory “extension of prohibited conduct to include conduct with an unintentional disparate impact reaches a vastly broader scope than the statute itself,” that “[t]his scope is too broad to be considered a simple prophylactic measure aimed at preventing intentional discrimination,” and that Title VI regulations adopting disparate-impact liability"},{"title":"Equal Credit Opportunity Act (Regulation B)","type":"Rule","abstract":"The Consumer Financial Protection Bureau (Bureau or CFPB) is issuing a final rule that amends provisions related to disparate impact, discouragement of applicants or prospective applicants, and special purpose credit programs under Regulation B, the regulation implementing the Equal Credit Opportunity Act (ECOA or Act). The amendments facilitate compliance with ECOA by clarifying the obligations imposed by the statute.","document_number":"2026-07804","html_url":"https://www.federalregister.gov/documents/2026/04/22/2026-07804/equal-credit-opportunity-act-regulation-b","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-04-22/pdf/2026-07804.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-07804.pdf?1776775512","publication_date":"2026-04-22","agencies":[{"raw_name":"Consumer Financial Protection Bureau","name":"Consumer Financial Protection Bureau","id":573,"url":"https://www.federalregister.gov/agencies/consumer-financial-protection-bureau","json_url":"https://www.federalregister.gov/api/v1/agencies/573","parent_id":null,"slug":"consumer-financial-protection-bureau"}],"excerpts":"would not be available for disparate impact violations, indicating these House members believed that disparate-impact liability was authorized. The commenter stated that the Supreme Court has found that where a provision limits only the scope of disparate-impact claims, Congress must have assumed the existence of disparate-impact claims or the provision would be superfluous. \n \n Several consumer advocate commenters stated that the Supreme Court has found that other antidiscrimination statutes authorize disparate-impact liability and has not held"},{"title":"Rescinding Portions of Department of the Interior Title VI Regulations To Conform More Closely With the Statutory Text and To Implement Executive Order 14281","type":"Rule","abstract":"The Department of the Interior amends its regulations implementing Title VI of the Civil Rights Act of 1964 (\"Title VI\") to eliminate disparate-impact liability. These amendments align the conduct prohibited by the Department's regulations with Title VI's original public meaning, avoid constitutional concerns, reduce compliance costs, and serve the public interest. In addition, these revisions implement changes directed in Executive Order 14281.","document_number":"2026-10258","html_url":"https://www.federalregister.gov/documents/2026/05/22/2026-10258/rescinding-portions-of-department-of-the-interior-title-vi-regulations-to-conform-more-closely-with","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-05-22/pdf/2026-10258.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-10258.pdf?1779367509","publication_date":"2026-05-22","agencies":[{"raw_name":"DEPARTMENT OF THE INTERIOR","name":"Interior Department","id":253,"url":"https://www.federalregister.gov/agencies/interior-department","json_url":"https://www.federalregister.gov/api/v1/agencies/253","parent_id":null,"slug":"interior-department"}],"excerpts":"statute and the disparate-impact regulations would independently justify the repeal of the regulations.\n \n 2. Serious Policy Concerns \n The Department also has serious policy concerns with the Title VI regulations' imposition of \n disparate-impact liability. While the Department expresses its policy concerns with disparate-impact liability independent of Executive Order 14281, that Order sets forth many valid policy concerns with disparate-impact liability. As noted in section 1 of the Order, \n \n On a practical level, disparate-impact liability has"},{"title":"Rescinding Portions of U.S. Department of Agriculture Title VI Regulations To Conform More Closely With the Department of Justice's Regulations To Implement Executive Order 14281","type":"Rule","abstract":"By this rule, the U.S. Department of Agriculture (USDA) amends its regulations implementing Title VI of the Civil Rights Act of 1964 (7 CFR part 15) to eliminate disparate-impact liability. These amendments align USDA's regulations with the original public meaning of this statute, avoid constitutional concerns, reduce compliance costs, and serve the public interest. In addition, these revisions conform to Executive Order 14281.","document_number":"2026-12139","html_url":"https://www.federalregister.gov/documents/2026/06/17/2026-12139/rescinding-portions-of-us-department-of-agriculture-title-vi-regulations-to-conform-more-closely","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-06-17/pdf/2026-12139.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-12139.pdf?1781613909","publication_date":"2026-06-17","agencies":[{"raw_name":"DEPARTMENT OF AGRICULTURE","name":"Agriculture Department","id":12,"url":"https://www.federalregister.gov/agencies/agriculture-department","json_url":"https://www.federalregister.gov/api/v1/agencies/12","parent_id":null,"slug":"agriculture-department"},{"raw_name":"Office of the Secretary"}],"excerpts":"mismatch between the statute and the disparate-impact regulations would independently justify the repeal of the regulations.\n \n 2. Serious Policy Concerns \n \n USDA also has serious policy concerns with the imposition of disparate-impact liability. While USDA expresses its policy concerns with disparate-impact liability independent of Executive Order 14281, that Order sets forth many valid policy concerns with disparate-impact liability. As noted in section 1 of the Order, “On a practical level, disparate-impact liability has hindered businesses from"},{"title":"Nondiscrimination in Federally Assisted Programs of the Department of Defense-Effectuation of Title VI of the Civil Rights Act of 1964; Amendment","type":"Rule","abstract":"This rule amends DoD regulations to eliminate disparate-impact liability. These amendments align DoD's regulations with Title VI and current DoD policy, avoid constitutional concerns, and serve the public interest. By reducing regulatory burden, they also minimize compliance costs and ensure appropriate stewardship of taxpayer dollars. In addition, these revisions conform to Executive Order 14281. Finally, this rule also makes minor technical updates to correct outdated provisions.","document_number":"2026-14983","html_url":"https://www.federalregister.gov/documents/2026/07/24/2026-14983/nondiscrimination-in-federally-assisted-programs-of-the-department-of-defense-effectuation-of-title","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-07-24/pdf/2026-14983.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-14983.pdf?1784810710","publication_date":"2026-07-24","agencies":[{"raw_name":"DEPARTMENT OF DEFENSE","name":"Defense Department","id":103,"url":"https://www.federalregister.gov/agencies/defense-department","json_url":"https://www.federalregister.gov/api/v1/agencies/103","parent_id":null,"slug":"defense-department"}],"excerpts":"mismatch between the statute and the disparate-impact regulations would independently justify the repeal of the regulations.\n \n 2. Serious Policy Concerns \n \n DoD also has serious policy concerns with the imposition of disparate-impact liability. Although DoD expresses its policy concerns with disparate-impact liability independent of Executive Order 14281, that Order sets forth many valid policy concerns with disparate-impact liability. As noted in section 1 of the Order, “On a practical level, disparate-impact liability has hindered businesses from"},{"title":"Rescinding Portions of Department of Commerce Title VI Regulations To Conform More Closely With the Statutory Text and To Implement Executive Order 14281","type":"Rule","abstract":"By this rule, the Department of Commerce (Department) amends its regulations implementing Title VI of the Civil Rights Act of 1964 (Title VI) to eliminate provisions concerning disparate-impact liability and affirmative action. These amendments align the Department's regulations with Title VI's original public meaning, avoid constitutional concerns, reduce compliance costs, and serve the public interest. In addition, these revisions implement changes directed in Executive Order 14281.","document_number":"2026-07477","html_url":"https://www.federalregister.gov/documents/2026/04/16/2026-07477/rescinding-portions-of-department-of-commerce-title-vi-regulations-to-conform-more-closely-with-the","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-04-16/pdf/2026-07477.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-07477.pdf?1776257128","publication_date":"2026-04-16","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"}],"excerpts":"mismatch between the statute and the disparate-impact regulations would independently justify the repeal of the regulations.\n \n 2. Serious Policy Concerns \n The Department also has serious policy concerns with the Title VI regulations' imposition of disparate-impact liability. While the Department expresses its policy concerns with disparate-impact liability independent of Executive Order 14281, that Order sets forth many valid policy concerns with disparate-impact liability: \n \n On a practical level, disparate-impact liability has hindered businesses"},{"title":"Rescinding Portions of the U.S. Department of Health and Human Services Title VI Regulations To Align With the Statutory Text and Conform to Executive Order 14281","type":"Rule","abstract":"By this rule, the U.S. Department of Health and Human Services amends its regulations implementing Title VI of the Civil Rights Act of 1964 (Title VI) to remove provisions that impose or exemplify liability based on disparate impact. These amendments align the Department's regulations with the best reading of Title VI's statutory text, avoid constitutional concerns, reduce compliance costs and uncertainty for recipients, and serve the public interest. In addition, these revisions conform to Executive Order 14281.","document_number":"2026-15000","html_url":"https://www.federalregister.gov/documents/2026/07/24/2026-15000/rescinding-portions-of-the-us-department-of-health-and-human-services-title-vi-regulations-to-align","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-07-24/pdf/2026-15000.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-15000.pdf?1784810711","publication_date":"2026-07-24","agencies":[{"raw_name":"DEPARTMENT OF HEALTH AND HUMAN SERVICES","name":"Health and Human Services Department","id":221,"url":"https://www.federalregister.gov/agencies/health-and-human-services-department","json_url":"https://www.federalregister.gov/api/v1/agencies/221","parent_id":null,"slug":"health-and-human-services-department"},{"raw_name":"Office of the Secretary"}],"excerpts":"between the statute and the disparate-impact regulations would independently justify revising these regulations.\n \n 2. Serious Policy Concerns \n \n The Department also has serious policy concerns with the imposition of disparate-impact liability. Although the Department expresses its policy concerns with disparate-impact liability independent of E.O. 14281, that E.O. sets forth valid policy considerations concerning disparate-impact liability. As noted in section 1 of E.O. 14281, “[o]n a practical level, disparate-impact liability has hindered businesses"},{"title":"Nondiscrimination in Federally Assisted Programs of NASA-Effectuation of Title VI of the Civil Rights Act of 1964","type":"Rule","abstract":"NASA is amending its regulation implementing Title VI of the Civil Rights Act of 1964 (Title VI) for federally assisted programs to conform more closely to the statutory text and recent revisions by the Department of Justice (DOJ). This action removes provisions establishing disparate-impact liability. The rule also clarifies that Title VI reaches employment practices under this part only where employment is a primary objective of the Federal financial assistance or where intentional discrimination is shown. These changes align NASA's regulation with Title VI and promote consistency across Federal agencies.","document_number":"2026-13624","html_url":"https://www.federalregister.gov/documents/2026/07/06/2026-13624/nondiscrimination-in-federally-assisted-programs-of-nasa-effectuation-of-title-vi-of-the-civil","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-07-06/pdf/2026-13624.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-13624.pdf?1782996326","publication_date":"2026-07-06","agencies":[{"raw_name":"NATIONAL AERONAUTICS AND SPACE ADMINISTRATION","name":"National Aeronautics and Space Administration","id":301,"url":"https://www.federalregister.gov/agencies/national-aeronautics-and-space-administration","json_url":"https://www.federalregister.gov/api/v1/agencies/301","parent_id":null,"slug":"national-aeronautics-and-space-administration"}],"excerpts":"mismatch between the statute and the disparate-impact regulations would independently justify the repeal of the regulations.\n \n 2. Serious Policy Concerns \n NASA also has serious policy concerns with the imposition of disparate-impact liability. Although NASA expresses its policy concerns with disparate-impact liability independent of Executive Order 14281, that Order sets forth many valid policy concerns with disparate-impact liability. As noted in section 1 of the Order, \n \n On a practical level, disparate-impact liability has hindered businesses"},{"title":"Rescinding Portions of Department of Transportation's Title VI Regulations To Conform More Closely With the Statutory Text and To Implement Executive Order 14281","type":"Rule","abstract":"By this rule, the U.S. Department of Transportation amends its regulations implementing Title VI of the Civil Rights Act of 1964 (\"Title VI\") to eliminate disparate-impact liability. These amendments align the Department's regulations with Title VI's original public meaning, avoid constitutional concerns, reduce compliance costs, and serve the public interest. In addition, these revisions implement changes directed in Executive Order 14281. These revisions also align with changes made by the U.S. Department of Justice (DOJ) to its Title VI Regulations at 28 CFR part 42, effective December 10, 2025.","document_number":"2026-11790","html_url":"https://www.federalregister.gov/documents/2026/06/11/2026-11790/rescinding-portions-of-department-of-transportations-title-vi-regulations-to-conform-more-closely","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-06-11/pdf/2026-11790.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-11790.pdf?1781095526","publication_date":"2026-06-11","agencies":[{"raw_name":"DEPARTMENT OF TRANSPORTATION","name":"Transportation Department","id":492,"url":"https://www.federalregister.gov/agencies/transportation-department","json_url":"https://www.federalregister.gov/api/v1/agencies/492","parent_id":null,"slug":"transportation-department"}],"excerpts":"between the statute and the disparate-impact regulations would independently justify the repeal of the regulations.\n \n 2. Serious Policy Concerns \n The Department also has serious policy concerns with the imposition of disparate-impact liability. While the Department expresses its policy concerns with disparate-impact liability independent of Executive Order 14281, that Order sets forth many valid policy concerns with disparate-impact liability. As noted in Section 1 of the Order, \n On a practical level, disparate impact liability has hindered businesses"},{"title":"Rescinding Portions of Department of Justice Title VI Regulations To Conform More Closely With the Statutory Text and To Implement Executive Order 14281","type":"Rule","abstract":"By this rule, the Department of Justice amends its regulations implementing Title VI of the Civil Rights Act of 1964 (\"Title VI\") to eliminate disparate-impact liability. These amendments align the conduct prohibited by the Department's regulations with Title VI's original public meaning, avoid constitutional concerns, reduce compliance costs, and serve the public interest. In addition, these revisions implement changes directed in Executive Order 14281.","document_number":"2025-22448","html_url":"https://www.federalregister.gov/documents/2025/12/10/2025-22448/rescinding-portions-of-department-of-justice-title-vi-regulations-to-conform-more-closely-with-the","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-12-10/pdf/2025-22448.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-22448.pdf?1765287916","publication_date":"2025-12-10","agencies":[{"raw_name":"DEPARTMENT OF JUSTICE","name":"Justice Department","id":268,"url":"https://www.federalregister.gov/agencies/justice-department","json_url":"https://www.federalregister.gov/api/v1/agencies/268","parent_id":null,"slug":"justice-department"}],"excerpts":"statute and the disparate-impact regulations would independently justify the repeal of the regulations.\n \n 2. Serious Policy Concerns \n The Department also has serious policy concerns with the Title VI regulations' imposition of disparate-impact liability. While the Department expresses its policy concerns with disparate-impact liability independent of Executive Order 14281, that Order sets forth many valid policy concerns with disparate-impact liability. As noted in section 1 of the Order, \n \n On a practical level, disparate-impact liability has"},{"title":"Rescinding Portions of DHS Title VI Regulations To Conform More Closely With the Statutory Text and To Implement Executive Order 14281","type":"Rule","abstract":"By this rule, DHS amends its regulations implementing Title VI of the Civil Rights Act of 1964 (Title VI) consistent with a recent rule issued by the Department of Justice (DOJ). Like the DOJ rule, this rule aligns the DHS regulations more closely with Title VI's original public meaning, avoids constitutional concerns, reduces compliance costs, and serves the public interest.","document_number":"2026-12399","html_url":"https://www.federalregister.gov/documents/2026/06/22/2026-12399/rescinding-portions-of-dhs-title-vi-regulations-to-conform-more-closely-with-the-statutory-text-and","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-06-22/pdf/2026-12399.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-12399.pdf?1781786715","publication_date":"2026-06-22","agencies":[{"raw_name":"DEPARTMENT OF HOMELAND SECURITY","name":"Homeland Security Department","id":227,"url":"https://www.federalregister.gov/agencies/homeland-security-department","json_url":"https://www.federalregister.gov/api/v1/agencies/227","parent_id":null,"slug":"homeland-security-department"},{"raw_name":"Office of the Secretary"},{"raw_name":"FEDERAL EMERGENCY MANAGEMENT AGENCY","name":"Federal Emergency Management Agency","id":166,"url":"https://www.federalregister.gov/agencies/federal-emergency-management-agency","json_url":"https://www.federalregister.gov/api/v1/agencies/166","parent_id":227,"slug":"federal-emergency-management-agency"}],"excerpts":"between the statute and the disparate-impact regulations would independently justify the repeal of the regulations.\n \n 2. Serious Policy Concerns \n \n DHS also has serious policy concerns with the Title VI regulations' imposition of disparate-impact liability. While DHS expresses its policy concerns with disparate-impact liability independent of Executive Order 14281, that Order sets forth many valid policy concerns with disparate-impact liability. As noted in section 1 of the Order, “On a practical level, disparate-impact liability has hindered businesses"},{"title":"Rescinding Portions of Department of State Title VI Regulations To Conform More Closely With the Statutory Text and To Implement Executive Order 14281","type":"Rule","abstract":"By this rule, the Department of State (\"Department\") amends its regulations implementing Title VI of the Civil Rights Act of 1964 (\"Title VI\") to align its regulations with Title VI and, relatedly, to conform to Executive Order 14281.","document_number":"2026-13860","html_url":"https://www.federalregister.gov/documents/2026/07/09/2026-13860/rescinding-portions-of-department-of-state-title-vi-regulations-to-conform-more-closely-with-the","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-07-09/pdf/2026-13860.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-13860.pdf?1783514712","publication_date":"2026-07-09","agencies":[{"raw_name":"DEPARTMENT OF STATE","name":"State Department","id":476,"url":"https://www.federalregister.gov/agencies/state-department","json_url":"https://www.federalregister.gov/api/v1/agencies/476","parent_id":null,"slug":"state-department"}],"excerpts":"concerns with the imposition of disparate-impact liability. Executive Order 14281 explains many of the valid policy concerns associated with disparate-impact liability. 90 FR at 17537. Moreover, the legal concerns described above have caused uncertainty and confusion for Federal-funding recipients as to whether and when they need to comply with the disparate-impact regulations and when they can or must consider race. As explained above, \n Sandoval \n has created uncertainty as to the validity of the disparate-impact regulations that many Federal departments"},{"title":"Rescission of Guidelines on Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964, as Amended","type":"Rule","abstract":"The Equal Employment Opportunity Commission (\"EEOC\" or \"Commission\") is rescinding its regulations regarding Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964 (\"Guidelines\"), and removing it from the Code of Federal Regulations. The Commission is rescinding the Guidelines and removing them from the Code of Federal Regulations because the Guidelines are inconsistent with the statutory language and were not supported by Supreme Court precedent when issued; they are obsolete; they only apply to affirmative action to benefit women or minorities; and they do not take into account multiple relevant Supreme Court cases and numerous developments in the lower courts, over the past four decades since their issuance in 1979.","document_number":"2026-13637","html_url":"https://www.federalregister.gov/documents/2026/07/06/2026-13637/rescission-of-guidelines-on-affirmative-action-appropriate-under-title-vii-of-the-civil-rights-act","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-07-06/pdf/2026-13637.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-13637.pdf?1782996327","publication_date":"2026-07-06","agencies":[{"raw_name":"EQUAL EMPLOYMENT OPPORTUNITY COMMISSION","name":"Equal Employment Opportunity Commission","id":147,"url":"https://www.federalregister.gov/agencies/equal-employment-opportunity-commission","json_url":"https://www.federalregister.gov/api/v1/agencies/147","parent_id":null,"slug":"equal-employment-opportunity-commission"}],"excerpts":"higher-scoring candidates were White. Even if the city rejected the results to avoid disparate impact liability, the Court explained, its decision was nevertheless based on race. In an amicus brief filed by the United States, and joined by the then-Commission, the government argued that an employer's refusal to certify test results does not violate Title VII's disparate treatment provision when based on a reasonable belief that the test violates Title VII's disparate impact provision, and for support, the government pointed to 29 CFR 1608.4(b)(1) and (3)"},{"title":"The Infrastructure Investment and Jobs Act: Prevention and Elimination of Digital Discrimination","type":"Rule","abstract":"In this document, the Federal Communications Commission (Commission) adopts rules pursuant to section 60506 of the Infrastructure Investment and Jobs Act (Infrastructure Act) that establish a framework to facilitate equal access to broadband internet access service by preventing digital discrimination of access. These rules address policies and practices that impede equal access to broadband, while taking into account issues of technical and economic feasibility that pose serious challenges to full achievement of the equal access objective. The rules constitute an effective, balanced means to accomplish Congress's objective of ensuring that historically unserved and underserved communities throughout the Nation have equal opportunity to receive high-speed broadband service comparable to that received by others, without discrimination as to the terms and conditions on which that service is received.","document_number":"2023-28835","html_url":"https://www.federalregister.gov/documents/2024/01/22/2023-28835/the-infrastructure-investment-and-jobs-act-prevention-and-elimination-of-digital-discrimination","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-01-22/pdf/2023-28835.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2023-28835.pdf?1705671914","publication_date":"2024-01-22","agencies":[{"raw_name":"FEDERAL COMMUNICATIONS COMMISSION","name":"Federal Communications Commission","id":161,"url":"https://www.federalregister.gov/agencies/federal-communications-commission","json_url":"https://www.federalregister.gov/api/v1/agencies/161","parent_id":null,"slug":"federal-communications-commission"}],"excerpts":"Consideration of Technical and Economic Feasibility Supports a Disparate Impact Approach \n 69. We further find that Congress's directive in section 60506(b) that we take into account issues of technical and economic feasibility supports including a disparate impact approach in our definition of “digital discrimination of access” and fits neatly into the framework of disparate impact analysis. Under traditional disparate impact analysis, once a policy or practice is shown to have a meaningful adverse impact on a protected group, the covered entity may affirmatively"},{"title":"Performance Appraisal for General Schedule, Prevailing Rate, and Certain Other Employees","type":"Rule","abstract":"The Office of Personnel Management (OPM) is issuing a final rule to increase the efficiency and effectiveness of performance management for non-Senior Executive Service (SES) employees, including General Schedule (GS) and prevailing rate employees. This final rule eliminates unnecessary summary level patterns; removes the prohibition of a forced, or standardized, distribution of performance rating levels; eliminates mandatory review of Level 1 ratings; removes the option to grieve a rating of record; requires a supervisory critical element for all supervisors covered under this subpart; and requires OPM to conduct biennial certifications of agency appraisal systems.","document_number":"2026-13715","html_url":"https://www.federalregister.gov/documents/2026/07/07/2026-13715/performance-appraisal-for-general-schedule-prevailing-rate-and-certain-other-employees","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-07-07/pdf/2026-13715.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-13715.pdf?1783341917","publication_date":"2026-07-07","agencies":[{"raw_name":"OFFICE OF PERSONNEL MANAGEMENT","name":"Personnel Management Office","id":406,"url":"https://www.federalregister.gov/agencies/personnel-management-office","json_url":"https://www.federalregister.gov/api/v1/agencies/406","parent_id":null,"slug":"personnel-management-office"}],"excerpts":"asserted that OPM failed to consider the potential for disparate impact on certain groups of employees. Commenters asserted that research on standardized distribution has demonstrated the potential for discriminatory effects and that OPM should have conducted a disparate impact analysis prior to proposing the rule. Commenter 0553 specifically cited \n Griggs \n v. \n Duke Power Co., \n 401 U.S. 424 (1971), highlighting that “[f]ederal law prohibits employment practices with an unjustified disparate impact on protected classes.”\n \n OPM considered commenters'"},{"title":"Rescinding Regulations Related to Nondiscrimination in Federally Assisted Programs or Activities (General Provisions)","type":"Rule","abstract":"This direct final rule rescinds certain unnecessary regulatory provisions related to nondiscrimination in federally assisted programs or activities.","document_number":"2025-08593","html_url":"https://www.federalregister.gov/documents/2025/05/16/2025-08593/rescinding-regulations-related-to-nondiscrimination-in-federally-assisted-programs-or-activities","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-05-16/pdf/2025-08593.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-08593.pdf?1747056613","publication_date":"2025-05-16","agencies":[{"raw_name":"DEPARTMENT OF ENERGY","name":"Energy Department","id":136,"url":"https://www.federalregister.gov/agencies/energy-department","json_url":"https://www.federalregister.gov/api/v1/agencies/136","parent_id":null,"slug":"energy-department"}],"excerpts":"not based on the best reading of title VI. In fact, unlike the results-oriented terms in other statutes, the express statutory language of title VI only prohibits intentional discrimination.\n 15 \n \n It contains no such clause prohibiting “effects” (commonly known as disparate impact). Rather, the words “have the effect of” were embedded in the title VI regulations by the Department of Justice decades ago, to reflect agency policy preferences. Most recently, a solid majority of the U.S. Supreme Court Justices reaffirmed that the equal protection"},{"title":"Rescinding Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs","type":"Rule","abstract":"The Secretary of Education rescinds the U.S. Department of Education's (Department) Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs (Guidelines). The Guidelines, first published in the Federal Register in 1979 and added to the Title VI regulations of the Department's predecessor, the Department of Health, Education, and Welfare (HEW), apply to recipients of Federal financial assistance, including State education agencies, that offer or administer vocational education or training programs. Following the establishment of the Department and HEW's successor, the Department of Health and Human Services (HHS), the Guidelines were transferred to both agencies and have remained substantively unchanged since they were first issued in 1979. The Department has determined that the Guidelines are no longer necessary due to significant changes in governing jurisprudence on what constitutes actionable discrimination and in the vocational education landscape in the intervening half-century. The Department further finds the Guidelines to be burdensome (because they create proactive compliance requirements that do not apply to other programs that receive Federal financial assistance from the Department) and unnecessary (given the Department's existing regulations promulgated under various civil rights statutes). After considering the regulatory burden that the compliance monitoring and reporting structure outlined in section II.B. of the Guidelines imposes on State education agencies, local education agencies, and institutions of higher education, and the staffing resources that the Department expends on oversight of this compliance structure, the Department has concluded that the costs of this compliance structure no longer justify its benefits. Accordingly, the Department rescinds the Guidelines. This action does not affect the obligations of recipients of Federal financial assistance to comply with Federal civil rights laws because the regulations articulating those substantive obligations remain unchanged.","document_number":"2026-14892","html_url":"https://www.federalregister.gov/documents/2026/07/23/2026-14892/rescinding-guidelines-for-eliminating-discrimination-and-denial-of-services-on-the-basis-of-race","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-07-23/pdf/2026-14892.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-14892.pdf?1784724314","publication_date":"2026-07-23","agencies":[{"raw_name":"DEPARTMENT OF EDUCATION","name":"Education Department","id":126,"url":"https://www.federalregister.gov/agencies/education-department","json_url":"https://www.federalregister.gov/api/v1/agencies/126","parent_id":null,"slug":"education-department"}],"excerpts":" Louisiana \n v. \n Callais, \n 146 S. Ct. 1131(2026), have materially altered the legal landscape relevant to the \n Guidelines. \n In \n Sandoval, \n the Court held that private plaintiffs lacked a private right of action to enforce the U.S. Department of Justice's (DOJ) disparate-impact regulations. 532 U.S. at 285-87. Although the Court had previously found a private cause of action to enforce Title VI's bar on intentional discrimination, \n id. \n at 279-80, that holding did not permit private suit to enforce regulations that “forbid conduct that [Title"},{"title":"Reinstatement of HUD's Discriminatory Effects Standard","type":"Rule","abstract":"The Fair Housing Act prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities. This prohibition extends to practices with an unjustified discriminatory effect, regardless of whether there was an intent to discriminate. In 2013, HUD published a rule which formalized a burden- shifting test for determining whether a given practice has an unjustified discriminatory effect. In 2020, HUD published a rule that would have altered the standards set forth in the 2013 rule. However, a preliminary injunction prevented the 2020 rule from ever going into effect. On June 25, 2021, HUD published a proposed rule to recodify the 2013 rule. After considering public comments, HUD in this final rule reinstates and maintains the 2013 rule and rescinds the 2020 rule.","document_number":"2023-05836","html_url":"https://www.federalregister.gov/documents/2023/03/31/2023-05836/reinstatement-of-huds-discriminatory-effects-standard","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2023-03-31/pdf/2023-05836.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2023-05836.pdf?1679948114","publication_date":"2023-03-31","agencies":[{"raw_name":"DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT","name":"Housing and Urban Development Department","id":228,"url":"https://www.federalregister.gov/agencies/housing-and-urban-development-department","json_url":"https://www.federalregister.gov/api/v1/agencies/228","parent_id":null,"slug":"housing-and-urban-development-department"}],"excerpts":"that is properly invalidated under disparate impact doctrine); \n Greater New Orleans Fair Hous. Action Ctr. \n v. \n St. Bernard Parish, \n 641 F. Supp. 2d 563, 567-568 (E.D. La. 2009) (relying on information gathered after the pleadings to find disparate impact).\n \n \n \n For these reasons and others, HUD proposed that \n Inclusive Communities' \n quotation of \n Griggs' \n decades-old “artificial, arbitrary, and unnecessary” formulation would be best construed as maintaining continuity with longstanding disparate-impact jurisprudence, as reflected in the"},{"title":"Quality Control Standards for Automated Valuation Models","type":"Rule","abstract":"The OCC, Board, FDIC, NCUA, CFPB, and FHFA (collectively, the agencies) are adopting a final rule to implement the quality control standards mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) for the use of automated valuation models (AVMs) by mortgage originators and secondary market issuers in determining the collateral worth of a mortgage secured by a consumer's principal dwelling. Under the final rule, institutions that engage in certain credit decisions or securitization determinations must adopt policies, practices, procedures, and control systems to ensure that AVMs used in these transactions to determine the value of mortgage collateral adhere to quality control standards designed to ensure a high level of confidence in the estimates produced by AVMs; protect against the manipulation of data; seek to avoid conflicts of interest; require random sample testing and reviews; and comply with applicable nondiscrimination laws.","document_number":"2024-16197","html_url":"https://www.federalregister.gov/documents/2024/08/07/2024-16197/quality-control-standards-for-automated-valuation-models","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-08-07/pdf/2024-16197.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-16197.pdf?1722948312","publication_date":"2024-08-07","agencies":[{"raw_name":"DEPARTMENT OF THE TREASURY","name":"Treasury Department","id":497,"url":"https://www.federalregister.gov/agencies/treasury-department","json_url":"https://www.federalregister.gov/api/v1/agencies/497","parent_id":null,"slug":"treasury-department"},{"raw_name":"Office of the Comptroller of the Currency","name":"Comptroller of the Currency","id":80,"url":"https://www.federalregister.gov/agencies/comptroller-of-the-currency","json_url":"https://www.federalregister.gov/api/v1/agencies/80","parent_id":497,"slug":"comptroller-of-the-currency"},{"raw_name":"FEDERAL RESERVE SYSTEM","name":"Federal Reserve System","id":188,"url":"https://www.federalregister.gov/agencies/federal-reserve-system","json_url":"https://www.federalregister.gov/api/v1/agencies/188","parent_id":null,"slug":"federal-reserve-system"},{"raw_name":"FEDERAL DEPOSIT INSURANCE CORPORATION","name":"Federal Deposit Insurance Corporation","id":164,"url":"https://www.federalregister.gov/agencies/federal-deposit-insurance-corporation","json_url":"https://www.federalregister.gov/api/v1/agencies/164","parent_id":null,"slug":"federal-deposit-insurance-corporation"},{"raw_name":"NATIONAL CREDIT UNION ADMINISTRATION","name":"National Credit Union Administration","id":335,"url":"https://www.federalregister.gov/agencies/national-credit-union-administration","json_url":"https://www.federalregister.gov/api/v1/agencies/335","parent_id":null,"slug":"national-credit-union-administration"},{"raw_name":"Consumer Financial Protection Bureau","name":"Consumer Financial Protection Bureau","id":573,"url":"https://www.federalregister.gov/agencies/consumer-financial-protection-bureau","json_url":"https://www.federalregister.gov/api/v1/agencies/573","parent_id":null,"slug":"consumer-financial-protection-bureau"},{"raw_name":"FEDERAL HOUSING FINANCE AGENCY","name":"Federal Housing Finance Agency","id":174,"url":"https://www.federalregister.gov/agencies/federal-housing-finance-agency","json_url":"https://www.federalregister.gov/api/v1/agencies/174","parent_id":null,"slug":"federal-housing-finance-agency"}],"excerpts":"such as how to conduct particular types of testing, including outcomes-based testing for disparate impact, and how to evaluate potential less discriminatory alternatives to an AVM that results in disparate outcomes. The commenter suggested that the final rule should articulate baseline standards for nondiscrimination from applicable statutes and regulations, specifically the ECOA and Fair Housing Act's prohibitions on disparate treatment and disparate impact. The commenter also suggested that compliance with applicable antidiscrimination laws calls"}]}