The Justice Department has finalized new regulations that effectively eliminate the use of “disparate impact” analysis—a key tool for proving racial discrimination based on statistical disparities—marking a significant rollback of civil rights protections. These regulations, issued without public comment, narrow the ability of government and private entities to be investigated or sued for policies that unintentionally cause racial disparities, focusing instead on intent-based discrimination. The move aligns with conservative arguments that discrimination should only be proven through explicit intent, rather than data showing unequal impact. Critics warn that this shift could weaken efforts to address systemic racial inequities, as it makes it significantly harder to challenge policies that unintentionally disadvantage marginalized groups. More here: wapo.st/4s2l6iC
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