The Catholic University of America

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

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:

  • Title IX

  • Title VII

  • The Age Discrimination Act of 1975

  • Section 504 of the Rehabilitation Act of 1973

  • Title VI of the Civil Rights Act of 1964

Conforming Amendments to the Regulations Governing Nondiscrimination on the Basis of Race, Color, National Origin, Disability, Sex, and Age Under the Civil Rights Restoration Act of 1987; 65 Fed. Reg. 68049 (Nov. 13, 2000)

These regulations add a definition of "program or activity" that conforms to the statutory language. 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 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
links updated 6/13/08 rab

3/1/09 mlo updated to add final federal rule
links updated 3/3/09 rab
Links checked July 1st, 2010, FJL.
links checked and updated 07/08/10 TOL