Ranking Member Scott Statement on ED and HHS Eliminating Disparate Impact Provisions

Ranking Member Scott Statement on ED and HHS Eliminating Disparate Impact Provisions

WASHINGTON - Ranking Member Robert C. "Bobby" Scott (VA-03), House Committee on Education and Workforce, released the following statement after the Departments of Education and Health and Human Services finalized a rule to eliminate disparate impact provisions from the Departments' regulations implementing Title VI of the Civil Rights Act of 1964 (Title VI).

"Since returning to the White House, President Trump has worked to rewrite the brutal history of this country, eliminate and undermine programs that support underserved communities, and stamp out policies that promote diversity, equity, inclusion, and accessibility - all under the guise of a 'merit-based' society. Today's announcement by the Departments of Education and Health and Human Services is part of his larger agenda to drag America back to the Jim Crow era.

"Certain blanket policies, due to economic or historic factors, have an outsized effect on certain populations. This truth - known as 'disparate impact' - is critical to preventing discrimination and correcting historical wrongs.

"School dress codes, for instance, more often restrict items typically worn by girls, and rules on hair and head coverings disproportionately affect Black students and those of certain religions and cultures. The result: girls, students of color, and students of certain faiths and cultures are punished more. There are existing disparities in black maternal health that could be worsened by apparently 'colorblind' protocols and policies, such as the use of artificial intelligence. The intent behind these protocols and policies may not be discriminatory - but the impact is. Often, it is much easier to demonstrate the impact of a policy, but it is more difficult to demonstrate the intent to discriminate. Without disparate-impact liability, these policies go unchecked and unexamined.

"Today's rules abandon our responsibility to ensure equity in education and health care. By eliminating disparate-impact liability, Americans are more likely to be denied equal opportunity and will find it harder to succeed on merit alone. No longer can citizens expect their government to fight discrimination on their behalf, ignoring the historical and cultural realities marginalized communities still face.

"As the top Democrat on the Committee on Education and Workforce, I will keep fighting discrimination and defending every American's right to equal opportunity."

Background

On January 23, 2026, Ranking Member Scott sent a letter to Chair Andrea Lucas criticizing the EEOC's decision to rescind guidance, arguing the agency was straying from its mission to protect workers from discrimination and promote equal opportunity.

On September 22, 2025, Ranking Member Scott wrote a statement condemning the Trump administration's plan for the EEOC to stop investigating workplace discrimination claims based solely on disparate impact, following an executive order issued by President Trump.

On April 25, 2025, Ranking Member Scott wrote a statement condemning President Trump's executive orders repealing disparate impact enforcement and school discipline protections.

On May 23, 2025, Ranking Member Scott reintroduced H.R. 3606, the Equity and Inclusion Enforcement Act, which would restore the private right of action for students and parents to hold schools accountable for practices and policies that have a disparate impact and deny students access to a quality education based on race, color, or national origin. This bill also requires that every school have a Title VI monitor to ensure prompt investigations of complaints of discrimination.

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