NEA Dumps Disparate Impact Rules to Fit Civil Rights Law
Published Date: 8/26/2026
Rule
Summary
This rule amends the National Foundation on the Arts and the Humanities' (the Foundation) regulations implementing Title VI of the Civil Rights Act of 1964 (Title VI) to eliminate disparate-impact liability. These amendments align the conduct prohibited by the Foundation's regulations with Title VI text, avoid constitutional concerns, reduce compliance costs, and serve the public interest. In addition, these revisions are consistent with Executive Order 14281.
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Disparate-Impact Liability Eliminated
The Foundation's Title VI regulations are changed to eliminate disparate-impact liability. The agency says this aligns the rules with the Title VI statutory text, avoids constitutional concerns, reduces compliance costs, and is consistent with Executive Order 14281.
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