Federal Register #2026-07477

Department of Commerce Amends Title VI Regulations to Eliminate Disparate-Impact Liability and Affirmative Action

This notice announces a regulatory amendment by the Department of Commerce's Office of Civil Rights regarding Title VI of the Civil Rights Act of 1964. - Government Buyer: - Department of Commerce - Office of Civil Rights - Key Details: - Amends Title VI regulations to eliminate provisions related to disparate-impact liability and affirmative action - Aligns Department regulations with the statutory text of Title VI and Executive Order 14281 - Clarifies that only intentional discrimination is prohibited under Title VI - Removes liability for unintentional disparate impacts - Intended to address constitutional concerns and reduce compliance costs for recipients of federal financial assistance - Provides clarity on the scope of prohibited conduct - Impacted Parties: - Recipients of federal financial assistance from the Department of Commerce (e.g., grants, loans, property, personnel, contracts) - No products, services, OEMs, or vendors are involved in this action

Description

The Department of Commerce is amending its regulations implementing Title VI of the Civil Rights Act of 1964 to eliminate provisions related to disparate-impact liability and affirmative action. These changes align the regulations with the original statutory text, address constitutional concerns, reduce compliance costs, and implement directives from Executive Order 14281. The rule clarifies that only intentional discrimination is prohibited under Title VI, removing liability for unintentional disparate impacts. This final rule is effective April 16, 2026.

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