Washington, D.C. – Yesterday, the Department of Justice issued a final rule rescinding the disparate effects provisions of Title VI of the Civil Rights Act. The rollback, effective immediately, strips away a powerful civil rights tool available to identify and address policies and practices that harm Black, Indigenous, and people of color and those with limited English proficiency — even when discrimination is not overt or intentional.
“Disparate effects protections have given communities a voice to challenge discriminatory barriers in federally funded programs that may appear neutral on paper but result in real-world harm,” said Dylan Nicole de Kervor, Senior Attorney at the National Health Law Program. “Eliminating these protections removes a critical safeguard against systemic discrimination and leaves millions without vital protections.”
Title VI regulations have prohibited policies and practices that have harmful effects based on race, color, or national origin for over 60 years. Disparate impact protections have long been essential to advancing health equity, enabling advocates and communities to challenge inequitable outcomes, such as reduced access to care, harmful delays in treatment, or disproportionate financial burdens, without having to prove explicit intent to discriminate. Despite this, the Administration has indicated its intent to not just strip this protection from Department of Justice regulations but those of all federal agencies, including the Department of Health and Human Services. Without these protections, discriminatory effects in health care will be harder to identify, prevent, and remedy.
“Disparate impact protections are essential to ensuring that civil rights laws fulfill their purpose,” continued de Kervor. “Rescinding these provisions creates a profound enforcement gap that allows inequitable practices to continue, undermining a core purpose of Title VI. The fact that the public has not been given an opportunity to comment and raise concerns regarding the concrete effects of discrimination and the need for federal enforcement further dismisses the experiences of those for whom these nondiscrimination protections are critical.”
The National Health Law Program strongly denounces this rule and reaffirms our commitment to confronting discrimination in all its forms. NHeLP will continue to stand alongside partners, advocates, and affected communities to defend health rights for all.
