Summary of Federal Laws
Employment
Equal Employment Opportunity
Civil Rights Restoration Act of 1987
20 U.S.C. § 1687, 29 U.S.C. § 794, 42 U.S.C. § 2000d-4a, and 42 U.S.C. § 6101; 65 Fed. Reg. 26,464 (May 5, 2000) (proposed regulations)
Amended the definition of program or activity to clarify that if any part of the institution, agency, or corporation receives federal financial assistance, then the following listed non-discrimination laws apply to the entire institution, agency, or corporation:
Proposed Regulations:
On May 5, 2000, the Department of Education published proposed regulations to implement the Civil Rights Restoration Act of 1987, adding a definition of "program or activity" that conforms to the statutory language. The proposed regulations, at 65 Fed. Reg. 26,464, are available online.
Publication of conforming regulations was in response to the Third Circuit decision in Cureton v. NCAA, 198 F.3d 107 (1999). In that case, the court decided that, because the Department of Education did not amend its Title VI regulations after the Civil Rights Restoration Act of 1987 amended Title VI, application of the Department’s Title VI regulations to disparate impact discrimination claims was "program specific" (limited to specific programs in an institution affected by the federal funds), rather than institution wide (applicable to all of the operations of the institution regardless of the use of federal funds). The proposed regulations adopt the broad statutory definition and clarify that "program or activity" means all of the operations of the college or university. Note that in the Supreme Court decision of Alexander v. Sandoval, No. 99-1908, (April 24, 2001) the Supreme Court held there is no private right of action to enforce Title VI’s disparate impact regulations. Federal agencies can still bring actions based on disparate impact.
updated 11/16/07 AAA
Last Revised 16-Nov-07 02:31 PM.
