Several significant federal developments have emerged in early 2026 regarding civil rights enforcement, workplace harassment guidance, wage and hour interpretations, and scrutiny of diversity, equity and inclusion programs. These changes affect entities receiving federal funds, employers navigating harassment policies, compliance with the Fair Labor Standards Act and organizations with DEI initiatives. Businesses should review relevant policies and practices to ensure alignment with current federal priorities and minimize compliance risks.
1. DOJ final rule on Title VI enforcement. The U.S. Department of Justice issued a final rule in December 2025 that eliminates disparate-impact liability under Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination on the basis of race, color, sex, religion or national origin.
Historically, the DOJ enforced Title VI to address both intentional discrimination and disparate-impact claims, where neutral policies or practices disproportionately affect protected groups even without discriminatory intent. The new rule shifts enforcement to focus solely on intentional discrimination, aligning with the statutory text, U.S. Supreme Court precedent and the principle of equal treatment under the law. The DOJ will no longer pursue disparate-impact enforcement actions.
Affected companies should review employment-related policies previously implemented pertaining to disparate-impact concerns. Training and compliance materials...
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