USDA Ends Unintentional Discrimination Penalties Overnight
Published Date: 6/17/2026
Rule
Summary
The USDA is changing its rules to stop punishing unintentional discrimination and focus only on intentional discrimination, matching the Department of Justice’s approach. This update, effective June 17, 2026, will lower costs for those who follow the rules and clear up confusion. It mainly affects organizations working with USDA programs and helps keep things fair and simple.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
USDA removes disparate-impact rules
On June 17, 2026, USDA changed its Title VI rules to remove provisions that prohibited policies with an unintentional disparate impact. The rule specifically rescinds the full text of 7 CFR 15.3(b)(2), deletes two uses of the phrase "or effect" from 7 CFR 15.3(b)(3), removes 7 CFR 15.3(b)(6), and deletes the last two sentences of 7 CFR 15.3(c).
Affirmative-action language removed
USDA rescinds the paragraph in 7 CFR 15.3(b)(6) that authorized affirmative-action measures to "overcome the effects of" conditions limiting participation by particular races. The rule removes that authority and thus eliminates regulatory provisions that sometimes encouraged or required race-based preferences in USDA-funded programs.
USDA narrows enforcement to intentional bias
USDA states its Title VI regulations will prohibit only intentional discrimination and that it will not pursue disparate-impact liability. The agency says this change harmonizes USDA enforcement with private enforcement and the Supreme Court's interpretation of Title VI.
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