AFPI Applauds Department of Education’s Rollback of Disparate Impact Doctrine

WASHINGTON, D.C.—Today, the America First Policy Institute (AFPI) released the following statement from Michael Shires, Ph.D., vice chair of Education Opportunity, in response to the Department of Education’s recent announcements addressing compliance with Title VI of the Civil Rights Act of 1964 (CRA):

“Yesterday, the Department of Education’s Office for Civil Rights announced the termination of the Methods of Administration program, which imposed unnecessary and burdensome compliance reviews on Career and Technical Education programs. These reviews were never required of other postsecondary education programs, despite those programs also being subject to Title VI requirements. As such, the policy was duplicative and needlessly burdensome.

Today, the department also announced it has rescinded several disparate impact regulations pursuant to President Trump’s 2025 executive order. I applaud Secretary Linda McMahon’s commitment to ensuring all students, whether they pursue a bachelor’s or technical degree, are protected from discriminatory practices disguised as equal treatment.”

The Department of Education continues to play a leading role in the fight to ensure equal treatment under law for all Americans. As described in a recent AFPI policy paper, “The concept of ‘disparate impact discrimination’ inverts the traditional understanding of discrimination in ways that undermine procedural equality. Whereas ‘discrimination’ ordinarily describes disparate treatment… disparate impact theory applies this label to group outcome differences or ‘disparities,’ including those resulting from equal treatment.” The department’s announcement follows a recent legal opinion by the Department of Justice challenging the constitutionality of disparate impact law under Title VII of the CRA.

For decades, politicians, federal regulators, and activist courts have too often ignored the plain meaning of civil rights statutes. Through affirmative action programs, disparate impact doctrine, and, more recently, diversity, equity, and inclusion (DEI) policies, these radical actors sought to impose a burdensome and un-American outcomes-leveling vision of “equity” on the American people. Much of that vision entailed discriminating against Americans based on protected characteristics, in plain violation of civil rights law. AFPI opposes illegal discrimination in any form and supports all efforts to ensure equal treatment for all Americans under the law.

Learn more about AFPI’s Education Opportunity here.