Published July 27, 2026
On July 27, 2026, EPPC Scholar Rachel N. Morrison submitted a public comment supporting a Department of Veterans Affairs (VA) proposed rule that would amend VA’s Title VI regulations to eliminate disparate-impact liability and prohibit only intentional discrimination. These changes would “align VA’s regulations with Title VI’s original public meaning, avoid constitutional concerns, reduce compliance costs, serve the public interest, and implement changes directed” in President Trump’s executive order on “Restoring Equality of Opportunity and Meritocracy.”
In her comment, Morrison provided several independent reasons for eliminating disparate-impact liability in VA’s Title VI regulations:
- The plain text of Title VI does not authorize disparate-impact liability;
- Disparate-impact liability is based on the abstract assumption that any observed disparity must be the result of unlawful discrimination, which is not logically necessary and not backed by evidence;
- Disparate-impact liability raises serious constitutional concerns;
- Eliminating disparate-impact liability aligns with President Trump’s executive orders and is consistent with actions other agencies have taken to eliminate disparate-impact liability;
- Eliminating disparate-impact liability provides many benefits; and
- Eliminating disparate-impact claims would not undermine and indeed would promote the Trump Administration’s efforts to robustly enforce Title VI and other federal civil rights laws.
Morrison urged VA to finalize its proposed rule. Quoting President Trump, the comment concludes: “Federal ‘civil-rights protections serve as a bedrock supporting equality of opportunity for all Americans.’ Treating people equally under the law, including Title VI, ‘is essential to creating opportunity, encouraging achievement, and sustaining the American Dream.’”
Rachel N. Morrison is a Fellow at the Ethics and Public Policy Center, where she directs EPPC’s Administrative State Accountability Project, which advocates for an authentic understanding of the human person in the drafting, implementation, and rollback of government regulations.
