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A measured shift in Title VI enforcement: what employers and HR leaders should know

12/15/25

By: Sunshine Fellows

On December 9, 2025, the U.S. Department of Justice finalized revisions to its Title VI regulations under the Civil Rights Act of 1964. The updated rule narrows DOJ enforcement exclusively to cases involving intentional discrimination, eliminating regulatory language that had previously supported disparate-impact theories and certain forms of affirmative-action measures under Title VI. These regulations took effect on December 10, 2025.

Background

Title VI prohibits discrimination based on race, color, or national origin by recipients of federal financial assistance. Historically, federal agencies interpreted Title VI to allow enforcement not only for intentional acts but also for neutral policies that produced statistically disproportionate outcomes, what is known as disparate impact. The new DOJ rule rescinds those provisions, restricting enforcement to conduct that reflects discriminatory intent only.

Compliance Implications

From a compliance perspective, DOJ’s revisions align enforcement more closely with the statutory text of Title VI. Practically, this means the department will now pursue enforcement only where there is evidence of intent, rather than based solely on outcome-based statistical disparities.

Why Employers Should Care

Although Title VI applies only to recipients of federal funding, this change is far from abstract:

• Title VII remains in full effect. Disparate-impact claims continue to be litigated under Title VII.
• State and local laws often impose broader anti-discrimination obligations that are unaffected by DOJ’s federal rulemaking.

Recommended Actions for Employers

Employers and HR leaders should:

• Revisit Title VI-related training and policies, particularly in organizations receiving federal funds;
• Document legitimate, non-discriminatory business reasons for employment decisions;
• Train managers and decisionmakers to avoid conduct that could be perceived as intentional discrimination; and
• Monitor Title VI developments, especially as DOJ’s reinterpretation may influence future enforcement priorities or jurisprudence.

Conclusion

These DOJ revisions represent a recalibration, not a retreat, from civil rights enforcement. The emphasis remains on disciplined, neutral decision-making and continued compliance with Title VII and applicable state and local anti-discrimination laws.

For more information, please contact Sunshine Fellows at sunshine.fellows@fmglaw.com or your local FMG attorney.

Information conveyed herein should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.