Sources: Trump Administration Considering an Attack on Disparate Impact

The Supreme Court upheld the disparate impact doctrine at the heart of fair housing rules, along with many other anti-discrimination policies, in 2015. Still, the Trump administration is looking for ways to undermine disparate impact.

2 minute read

January 9, 2019, 5:00 AM PST

By James Brasuell @CasualBrasuell


Campaign Rally

Jack Fordyce / Shutterstock

The U.S. Supreme Court upheld the disparate impact doctrine at the heart of fair housing rules, along with many other anti-discrimination policies, in 2015. Still, the Trump administration is looking for ways to undermine disparate impact in practice.

"The Trump administration is considering a far-reaching rollback of civil rights law that would dilute federal rules against discrimination in education, housing and other aspects of American life," report Laura Meckler and Devlin Barrett.

The sources for this scoop are anonymous "people familiar with the discussions," according to the reporters. While these might be good sources, that does not mean this new will actually come to pass.

But there is also a paper trail, according to the sources:

A recent internal Justice Department memo directed senior civil rights officials to examine how decades-old “disparate impact” regulations might be changed or removed in their areas of expertise, and what the impact might be, according to people familiar with the matter. Similar action is being considered at the Education Department and is underway at the Department of Housing and Urban Development.

The examples of disparate impact's importance to civil rights is rife with examples from the built environment—from housing in New York to transportation planning in Maryland.

"The Trump administration signaled its hostility to this approach in a report issued last month by the Federal Commission on School Safety," according to the article. Planetizen readers will also recall that the Trump administration has already taken steps to weaken the Affirmatively Further Fair Housing Rule, enacted by the Obama administration after the Supreme Court's disparate impact decision.

Thursday, January 3, 2019 in The Washington Post

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 28, 2026 - Zachary Whalen

A car drives through a puddle, making a large splash. Rain pours down.

California plans to bury El Niño’s downpour

If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.

October 28, 2026 - Grist

A pencil rendering of Foundry Park, which shows skyscrapers and public green spaces.

Chicago breaks ground on $3 billion megadevelopment

The new neighborhood, titled Foundry Park, will one day host 3,700 residences.

October 23, 2026 - Chicago Sun Times

A rendering of a high speed rain station in California, with wide platforms and a sleep train with yellow highlights.

California High-Speed Rail Authority CEO resigns after $600,000 scandal

Under Ian Choudri, the authority used taxpayer dollars to fund first class flights and trips to nightclubs.

October 30 - Cal Matters

 A bridge stretches across the Missouri River at Chamberlain, South Dakota.

Want to study the Missouri River? Soon, you may need unanimous approval from 10 states

Legislation would require 10 governors’ permission to study or build projects moving water outside the basin.

October 30 - South Dakota Searchlight

Lake Powell with much of the water evaporated.

Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River

Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.

October 30 - Yale Environment 360