The Department of Justice (DOJ) has removed previous guidance supporting a long-standing civil rights protection standard called “disparate impact.”

For over 50 years, the disparate impact standard has prohibited entities receiving federal funding from maintaining policies that disproportionately harm people of color.

The government’s December 9, 2025 action repeals the disparate impact standards.

While the Civil Rights Act of 1964 continues to prohibit discrimination based on race, color, or national origin, the DOJ has has eliminated rules interpreting the law in a way that prohibits discriminatory effects regardless of intent, including related to bias in affordable housing access.

In finalizing its new rule, the DOJ stated that discrimination should be based solely on proof of actual, intentional bias, not just on unequal outcomes. However, decades of legal precedent, including as established by the Supreme Court, still uphold disparate impact requirements.

LeadingAge is deeply concerned with the elimination of the disparate impact guardrails by the Justice Department and will continue to advocate for equitable access to housing and other sectors and services.