Annotations
Statutes
42 U.S.C § 2000d (1964). (Title VI of the Civil Rights Act of 1964). Total pages read: 1
Title VI covers the prohibition against discrimination in programs receiving federal financial assistance. According to Title VI, “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any program receiving Federal financial assistance” (42 U.S.C. § 2000d). One of the enforcement provisions in Title VI authorizes the federal government to threaten the withdrawal of financial assistance if federal officials or the courts determine that institutional officials engaged in unlawful discrimination. The other enforcement provision in Title VI is that individuals can sue universities. Although there is no specific language in the Act granting awards of monetary damages, there is an implied right of private action for compensatory damages. Title VI has had a significant impact in cases dealing with equal educational opportunities for students of all races and the implementation of affirmative action programs. Law schools receive federal funding so it is important to adhere to Title VI regulations. WC=171
42 U.S.C § 2000e (1964). (Title VII of the Civil Rights Act of 1964). Total pages read: 1
Title VII covers equal employment opportunities. Title VII forbids employers, public and private, with 15 or more employees from discriminating against employees and prospective employees or applicants on the basis of race, color, national origin, religion, and sex. Title VII applies to hiring, discharge, transfer, promotion, demotion, compensation, and “terms, conditions, or privileges of employment” while also addressing other employment issues, including sexual harassment, maternity and religious leave, and retaliation for filing Title VII complaints. It is important to note, however, that Title VII allows officials at colleges or universities to employ individuals on the basis of sex, national origin, or religion if such characteristics are a bona fide occupational qualification necessary for their normal operations. In terms of institutional racism and implementing curriculum that does not demonstrate bias towards minorities and women, this may include the need for hiring minority professors and employees to achieve that purpose. If this can be found to be a bona fide occupational qualification, hiring minority faculty will not violate Title VII. WC=168
Regulation
28 C.F.R. § 50.3 (1964). Total pages read: 1
Section (a) of 28 C.F.R. § 50.3 states, “Where the heads of agencies having responsibilities under Title VI of the Civil Rights Act of 1964 conclude there is noncompliance with regulations issued under that title, several alternative courses of action are open. In each case, the objective should be to secure prompt and full compliance so that needed Federal assistance may commence or continue.” Section (c) states that “this statement is intended to provide procedural guidance to the responsible department and agency officials in exercising their statutory discretion and in selecting, for each noncompliance situation, a course of action that fully conforms to the letter and spirit of section 602 of the Act and to the implementing regulations promulgated there under.” These particular sections are important because they basically give funding agencies huge flexibility in responding to instances of discrimination. Although Title VI provides funding termination, termination is not mandatory under the Act. Rather, the Act provides other means authorized by law to effectuate compliance with the statute.
