Preserving Disparate Impact for Transit

Our existing civil rights protections are being undermined by the federal administration’s rollbacks of the disparate impact regulations for Title VI of the 1964 Civil Rights Act. Disparate impact is the legal mechanism that shows when policies, regardless of stated intent, will disproportionately harm protected groups without a legitimate reason. Title VI disparate impact has been used across transportation to challenge disparate benefits and harms in transportation projects. Public Advocates used Title VI as a basis in Darensburg v MTC and a successful complaint against the BART Oakland Airport Connector.

On June 10, 2026 U.S. DOT rescinded their Title VI disparate impact liability regulations. The DOT regulations underpin the requirements in the Federal Transit Administration’s Title VI Circular that transit providers do affirmative analysis on facility locations, fare and major service changes, and monitor service quality for disparate impacts.

We are working with national partners to respond to the rescissions and explain the importance of Title VI in transportation. California has a Title VI cognate in state law and we are informing CA transit providers of their responsibilities under state law. In addition, we are developing strategies to fill any gaps between the existing CA law and the federal requirements that were rescinded.

Resources