Intent over effect: title VI rollback and U.S. treaty obligations

Johari, Bhavya ORCID: https://orcid.org/0009-0007-3639-0118 (2026) Intent over effect: title VI rollback and U.S. treaty obligations. Washington International Law Journal. ISSN 2831-9370

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Abstract

On December 10, 2025, the U.S. Department of Justice rescinded four disparate-impact provisions from its regulations implementing Title VI of the Civil Rights Act of 1964. These provisions had prohibited conduct with discriminatory effects regardless of intent. Section 42.104(b)(2) barred federal funding recipients from utilizing criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, or national origin. Section 42.104(b)(3) prohibited the selection of sites for federally funded facilities if such location decisions had a discriminatory effect. Section 42.104(c)(2) barred employment practices that tend to exclude persons in program delivery. Lastly, Section 42.104(b)(6) required recipients to take affirmative action to overcome the effects of prior discrimination.

Item Type: Article
Uncontrolled Keywords: U.S. Department of Justice | Civil Rights Act of 1964 |
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Vol/Issue no. published date: 26 February 2026
Depositing User: Mr. Syed Anas
Date Deposited: 20 Apr 2026 11:16
Last Modified: 20 Apr 2026 11:16
Official URL: https://wilj.org/2026/02/26/intent-over-effect-tit...
URI: https://pure.jgu.edu.in/id/eprint/11232

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