A few days ago, Attorney General Pam Bondi dropped a bombshell press release about U.S. anti-discrimination law.
“Disparate impact” is effectively dead.
“The prior ‘disparate impact’ regulations encouraged people to file lawsuits challenging racially neutral policies, without evidence of intentional discrimination,” Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division said in the release. “Our rejection of this theory will restore true equality under the law by requiring proof of actual discrimination, rather than enforcing race- or sex-based quotas or assumptions.”
The Justice Department will essentially deprioritize discrimination cases that rely on “disparate impact” under this new standard.
Most of the media ignored the announcement. But Politico regurgitated left-wing talking points, asserting in a supposedly straight news story that the move “end[s] long-standing civil rights policies that prohibit local governments and organizations that receive federal funding from maintaining policies that disproportionately harm people of color.” They added it “will make it harder to challenge potential bias in housing, criminal law, employment, environmental regulations and other policy areas.”