News & Analysis as of

Title VI Discrimination

Franczek P.C.

OCR Update: Shared Ancestry and Ethnicity Discrimination Guidance

Franczek P.C. on

In recent months, OCR has reached resolution agreements with a school district and two universities after investigating complaints of discrimination and harassment based on ancestry or ethnicity, including allegations...more

Constangy, Brooks, Smith & Prophete, LLP

The man who said "no" to DEI training, and four lessons for employers

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

City of Albuquerque/Albuquerque Environmental Health Department: Natural Resources Defense Council Submits Title VI Civil Rights...

The Natural Resources Defense Council and Los Jardines Institute (collectively, “NRDC”) submitted a May 30th document to EPA styled: Complaint under Title VI of the Civil Rights Act of 1964 and the Environmental Protection...more

Lathrop GPM

In Fearless Fund Decision, Federal Court of Appeals Halts Race-Based Philanthropic Program

Lathrop GPM on

In a case that has been closely watched by the charitable sector, on June 3, 2024, the U.S. Court of Appeals for the 11th Circuit issued a decision blocking a race-based grant program that provided funds and mentorship to...more

BCLP

Department of Education Issues Dear Colleague Letter as Student Protests Continue

BCLP on

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms...more

Cozen O'Connor

Republican AGs Push Back on Scope of EPA’s Anti-Discrimination Regulations

Cozen O'Connor on

A group of 23 Republican AGs filed a petition for rulemaking to the EPA demanding that it amend its regulations under Title VI of the Civil Rights Act that prohibit recipients of EPA funds from engaging in certain...more

Husch Blackwell LLP

U.S. Department of Education Guidance and Resources about Addressing Discrimination and Harassment on the Basis of National Origin

Husch Blackwell LLP on

The Biden Administration has made concentrated efforts to address the rise in reports of antisemitic, Islamophobic, and other hate-based or bias-based incidents in schools and on college campuses since the beginning of the...more

Troutman Pepper

Louisiana v. EPA: A Turning Point for Title VI and Environmental Justice?

Troutman Pepper on

At the end of January, a federal judge issued a ruling in a high-profile environmental justice case, Louisiana v. EPA, brought by Louisiana against the Environmental Protection Agency (EPA) and the U.S. Department of Justice...more

Jenner & Block

Department of Justice Secures First Title VI Environmental Justice Resolution Agreement

Jenner & Block on

On May 4, 2023, the Department of Justice (DOJ) announced a first-of-its-kind Title VI environmental justice interim resolution agreement with the Alabama Department of Public Health (ADPH). The resolution follows an...more

Jackson Lewis P.C.

U.S. Department of Education Office for Civil Rights Publishes DEI Factsheet

Jackson Lewis P.C. on

The U.S. Department of Education Office for Civil Rights (OCR) has published a factsheet entitled “Diversity and Inclusion Activities Under Title VI,” clarifying that diversity, equity, and inclusion training “in most factual...more

Saul Ewing LLP

The U.S. Supreme Court Holds That Emotional Damages Are Not Available Under Spending Clause Statutes, Including Title IX and Title...

Saul Ewing LLP on

On April 28, 2022, the U.S. Supreme Court held in Cummings v Premier Rehab Keller, P.L.L.C. that emotional distress damages are not recoverable in a private action to enforce several civil rights statutes. While Cummings...more

Vinson & Elkins LLP

2021 Environmental Justice Trends – Heightened Emphasis on Environmental Justice and Civil Rights Signals Significant Changes for...

Vinson & Elkins LLP on

The concept of “environmental justice” (“EJ”) is not new—the federal government has been working to define and address environmental justice and related human health and environmental effects since the Clinton administration....more

DirectEmployers Association

USDOJ Pursues Last-Minute Attempt to Kill “Adverse Impact” Discrimination Claims Against Federal Grant Recipients

On Wednesday, January 6, 2021, the United States Department of Justice (“DOJ”) has submitted to the Office of Management and Budget (“OMB”) for review a Final Rule amending DOJ’s regulations administering Title VI (Title 6)...more

Arnall Golden Gregory LLP

New Guidance and New Enforcement Actions from HHS OCR During COVID-19

The United States Department of Health and Human Services Office for Civil Rights (HHS OCR) has issued new guidance on prohibiting racial discrimination in healthcare, and new enforcement actions show that HHS OCR remains...more

Morrison & Foerster LLP

HUD Releases New Guidance on Limited English Proficiency Discrimination Under the Fair Housing Act

On September 15, 2016, the U.S. Department of Housing and Urban Development (HUD) issued guidance on how the nondiscrimination provisions in the Fair Housing Act (FHA) apply to persons who consider an individual’s “Limited...more

Ballard Spahr LLP

HUD expands fair housing liability to include LEP discrimination

Ballard Spahr LLP on

Last week, HUD issued new guidance confirming that persons with limited English proficiency (LEP) are protected under the Fair Housing Act (FHA). LEP includes a limited ability to read, write, speak, or understand English. ...more

K&L Gates LLP

HHS Proposes Rules for Nondiscrimination in Health Care

K&L Gates LLP on

On September 8, 2015, the U.S. Department of Health and Human Services (“HHS”) proposed new regulations implementing Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). Section 1557 prohibits...more

Pullman & Comley - School Law

Deliberate Indifference to Bullying Can Amount to Massive Liability – Lessons from the Pine Bush Settlement

$4.48 million. That’s how much the Pine Bush School District in central-New York just agreed to pay to settle a lawsuit brought by a group of current and former students who alleged that school administrators were...more

Polsinelli

Can You Discriminate Against a Company's Race? Fourth Circuit Says Yes, Grants Standing to Sue for Racial Discrimination

Polsinelli on

Owners, contractors and other recipients of federal funds be aware: when construction or other federally-funded contracts sour, not only can contracting parties file lawsuits claiming breach of contract, but if the...more

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