Thursday, October 06, 2022

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Article Index

Annotations

Statutes:

Civil Rights Act of 1964, Title VI – Nondiscrimination in Federally Assisted Programs §601, 42 United States Code Annotated §2000d (1964). Pages: 1.

Section 601 is in place as a broad prohibition against discrimination of persons, on the bases of race, color, or national origin, by programs that receive federal funds. This section serves two basic functions: first, it prohibits intentional discrimination by programs receiving federal funds and second, it allows for private individuals to sue for enforcement of this section.

Civil Rights Act of 1964, Title VI – Nondiscrimination in Federally Assisted Programs §602, 42 United States Code Annotated §2000d-1 (1964). Pages: 1.

Section 602 provides the authority to government departments and agencies to promulgate rules and regulations effectuating section 601 of Title VI. In addition to listing the procedural requirements associated with promulgating rules, section 602 also indicates that discrimination can result in penalties as severe as discontinuation of receiving federal funds. Finally, regulations promulgated pursuant to this section may prohibit activities that have a disparate impact on persons because of their color, race, or national origin. While only intentional discrimination is prohibited by section 601, section 602 extends to activities, rules, or regulations that are not intentionally discriminatory but have a discriminatory impact on the basis of the aforementioned protected classes.

Regulations:

Nondiscrimination in Federally Assisted Programs – Implementation of Title VI of the Civil Rights Act of 1964, 28 Code of Federal Regulations §42.104 (Westlaw current through March 11, 2012). Pages: 3.

The regulation is promulgated by the Department of Justice to enforce the Civil Rights Act of 1964 against federal departments and agencies that receive federal funds. Generally, this regulation prohibits federal programs, including Medicare and Medicaid, from being arranged or functioning in such a way as to subject persons to discrimination on the basis of color, race, or national origin. Also, programs are prohibited from selecting the location of facilities with the purpose of impairing the benefits, or access to services, of persons on the basis of color, race, or national origin. More broadly, this regulation is in place to ensure that the goals of nondiscrimination of the Civil Rights Act of 1964 effectuated by government agencies.

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