Title VI of the Civil Rights Act of 1964
Table of Contents
- Overview of Title VI
- Title VI Regulations & Statutes
- Title VI Materials
- Environmental Justice & Title VI Materials
- Title VI Language Access Materials
On August 22, 2024, the U.S. District Court for the Western District of Louisiana issued a permanent injunction, available at https://perma.cc/24VN-QS9Y, enjoining the United States Department of Justice (“DOJ”) from imposing or enforcing its disparate impact requirements under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d (“Title VI”) in the state of Louisiana. Specifically, DOJ is enjoined from “enforcing the Title VI disparate-impact requirements contained in 40 C.F.R. § 7.35(b), (c) and 28 C.F.R. § 42.104(b)(2) against any entity in the State of Louisiana, or requiring compliance with those requirements as a condition of past, existing, or future awards of financial assistance to any entity in the State of Louisiana.” DOJ is fully complying with the court’s order. Unless continued litigation results in changes to the court's order, DOJ will not impose or enforce its Title VI disparate impact requirements in Louisiana.
All DOJ guidance documents, including those here, are valid and apply to Louisiana except to the extent they explain legal obligations arising under the DOJ or EPA Title VI disparate impact regulatory provisions. All recipients of DOJ financial assistance (including those in the state of Louisiana) have a continuing obligation to comply with Title VI, which prohibits discrimination against or otherwise excluding individuals on the basis of race, color, or national origin, all other Title VI implementing regulations, and all grant terms and conditions. Recipients must continue to comply with all other applicable nondiscrimination laws and their corresponding implementing regulations.
Overview of Title VI
Title VI, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. As President John F. Kennedy said in 1963:
Simple justice requires that public funds, to which all taxpayers of all races [colors, and national origins] contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial [color or national origin] discrimination.
If a recipient of federal assistance is found to have discriminated and voluntary compliance cannot be achieved, the federal agency providing the assistance should either initiate fund termination proceedings or refer the matter to the Department of Justice for appropriate legal action. Aggrieved individuals may file administrative complaints with the federal agency that provides funds to a recipient, or the individuals may file suit for appropriate relief in federal court. Title VI itself prohibits intentional discrimination. However, most funding agencies have regulations implementing Title VI that prohibit recipient practices that have the effect of discrimination on the basis of race, color, or national origin.
Regulations and Statutes
- Title VI Statute, 42 U.S.C §§ 2000d - 2000d-7 (HTML or PDF)
- Department of Justice's Title VI Regulations (28 C.F.R. § 42.101 et seq.) (HTML or PDF)
- Department of Justice's Title VI Coordination Regulations (28 C.F.R. § 42.401 et seq.) (HTML or PDF)
- Department of Justice's Guidelines for the Enforcement of Title VI (28 C.F.R. § 50.3) (HTML or PDF)
- Rulemaking actions to incorporate the Civil Rights Restoration Act's definitions of "program or activity" and "program" into regulations implementing Title VI, Section 504, and the Age Discrimination Act:
- Twenty-two agencies' Notice of Proposed Rulemaking, published December 6, 2000 (65 FR 76460) (HTML or PDF)
- Twenty-two agencies' Final Rule, published August 26, 2003 (68 FR 51332) (HTML or PDF)
- Department of Education's Notice of Proposed Rulemaking (also includes amendments to Title IX regulations), published May 5, 2000 (65 FR 26464) (HTML or PDF)
- Department of Education's Final Rule (also includes amendments to Title IX regulations), published November 13, 2000 (65 FR 68049) (HTML orPDF)
- Department of Health and Human Services' Notice of Proposed Rulemaking (also includes amendments to Title IX regulations), published October 26, 2000 (65 FR 64194) (HTML or PDF)
Title VI Materials
Executive Order 12250 authorizes the Department of Justice (the Department) to provide issue guidance and technical assistance to individuals and entities that have rights or responsibilities under Title VI of the Civil Rights Act of 1964. The guidance documents included below provide informal non-binding guidance to assist you in understanding the Act and the Department’s regulations.
The guidance documents are not intended to be a final agency action, have no legally binding effect, and have no force or effect of law. The guidance documents may be rescinded or modified in the Department’s complete discretion, in accordance with applicable laws. The Department’s guidance documents do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent. For more information, see "Memorandum for All Components: Prohibition of Improper Guidance Documents," from Attorney General Jefferson B. Sessions III, November 16, 2017.
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An Overview of Intentional Discrimination Under Title VI of the Civil Rights Act of 1964- August 2024
- In September 2023, as part of President Biden’s National Strategy to Counter Antisemitism, eight federal agencies issued Fact Sheets clarifying that Title VI of the Civil Rights Act of 1964 prohibits certain forms of antisemitic, Islamophobic, and related forms of discrimination in federally funded programs and activities.
- Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults- April 2023
- In April 2023, the Department issued a Dear Colleague Letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter is grounded in constitutional principles, including the Sixth, Eighth and Fourteenth Amendments, as well as federal nondiscrimination statutes, including Title VI of the Civil Rights Act of 1964 (Title VI) and the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act)
- Resource:
- (English)
- (Arabic)]
- (Chinese Simplified)
- (Chinese Traditional)
- (Korean)
- (Spanish)
- (Tagalog)
- (Vietnamese)
- Resource:
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Section 12601 and Title VI: Two Powerful Department Tools to Address Systemic Police Misconduct (January 2022)
- Joint Letter from the Departments of Justice and Homeland Security to State and Local Emergency Managers (PDF)- October 4, 2018
- Guidance to State and Local Governments and Other Federally Assisted Recipients Engaged in Emergency Preparedness, Response, Mitigation, and Recovery Activities on Compliance with Title VI of the Civil Rights Act of 1964
- Guidance
- Tips & Tools for Reaching Limited English Proficient Communities in Emergency Preparedness, Response, and Recovery
- Ensuring Effective Emergency Preparedness, Response, and Recovery for Individuals with Access and Functional Needs: A Checklist for Emergency Managers
- Press Release
- Federal Agencies Issue Joint Guidance to Help Emergency Preparedness, Response and Recovery Providers Complys with Title VI of the Civil Rights Act
- Agencias Federales Emiten Directrices Conjuntas Para Ayudar A Los Proveedores De Preparación, Respuesta Y Recuperación Frente A Emergencias A Cumplir Con El Título Vi De La Ley De Derechos Civiles
- 联邦政府机构签发联合指导,以帮助应急准备、响应和恢复的提供商遵守民权法案第 VI 章的各项规定
- 聯邦政府機構簽發聯合指導,以幫助應急準備、回應和恢復的提供商遵守民權法案第 VI 章的各項規定
- Các Cơ Quan Liên Bang Ban Hành HưỚng DẪn Liên BỘ Giúp Các Đơn VỊ Cung CẤp ChuẨn BỊ SẴn Sàng, Ứng Phó Và PhỤc HỒi KhẨn CẤp Tuân ThỦ Theo Tiêu ĐỀ Vi CỦa ĐẠo LuẬt Dân QuyỀn
- 연방정부 부처들, '비상 대비, 대응, 복구 서비스 제공자들'이 시민의 권리법 제6장을 준수할 수 있도록 돕기 위해 공동 안내서 발행
- Nagpalabas Ang Mga Pederal Na Ahensiya Ng Pinagsamang Gabay Para Tulungan Ang Mga Tagapaglaan Ng Paghahanda Sa Emerhensiya, Tugon At Pag-Recover Na Sumunod Sa Title Vi Ng Civil Rights Act
- Федеральные Власти Выпустили Совместное Руководство, Чтобы Помочь Организациям, Предоставляющим Услуги Подготовки К Чрезвычайным Ситуациям, Реагированию И Восстановлению, В Вопросах Соблюдении Раздела Vi Закона О Гражданских Правах
- Ajans Federal Yo Pibliye Yon Gid Kolaboratif Pou Ede Òganizasyon K Ap Bay Sèvis Preparasyon, Repons Ak Retablisman Nan Yon Ka Ijans Respekte Tit Vi Nan Lwa Ki Rele Civil Rights Act
- Les Agences Fédérales Publient Un Guide Commun Pour Aider Les Intervenants De Protection Civile, D'urgence Et De Reconstruction A Etre Conformes Au Titre Vi De La Loi Sur Les Droits Civils
- وكالات فيدرالية تصدر دليل توجيهي مشترك لمساعدة مقدمي خدمات الاستعداد للطوارئ والاستجابة لها والتعافي منها للامتثال للباب السادس من قانون الحقوق المدنية
- Fact Sheets: Confronting Discrimination Based on National Origin and Immigration Status, Office for Civil Rights at the Department of Education and Educational Opportunities Section of the Civil Rights Division – August 19, 2021
- Joint Guidance on the Voluntary Use of Race, Office of Civil Rights at the Department of Education and Education Opportunity Section of the Civil Rights Division at the U.S. Department of Justice- December 2, 2011
- Memorandum of Understanding on Environmental Justice and Executive Order 12898 (PDF)- August 4, 2011
- Title VI and Coverage of Religiously Identifiable Groups, Assistant Attorney General Thomas Perez Letter to The Office of Civil Rights at the Department of Education (PDF)- September 2010
- Civil Rights Division Communication to State Courts Regarding Language Access
- Letter from Assistant Attorney General Kim to federal agencies regarding nondiscrimination on the basis of race, color, or national origin: hurricane-related issues (December 12, 2005) (PDF)
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Assistant Attorney General Boyd Memorandum to Heads of Federal Grants Agencies, General Counsels and Civil Rights Directors on Executive Order 13166 (HTML) (PDF), October 26, 2001
Title VI Environmental Justice Materials
- Joint Interagency Statement of Shared Commitment to Ensure Compliance with Civil Rights Laws and Advance Environmental Justice - May 6, 2024
- Justice Department Releases First-Ever Comprehensive Environmental Justice Enforcement Strategy Report - October 13, 2023
- Justice Department Announces Agreement in Environmental Justice Investigation of Illegal Dumping in the City of Houston - June 6, 2023
- Title VI Environmental Justice Investigation of Alabama Dept. of Public Health – Lowndes County, AL - May 4, 2023
- Executive Order 14096: Revitalizing Our Nation’s Commitment to Environmental Justice for All - April 21, 2023
- Memorandum for Heads of Executive Departments and Agencies Providing Federal Financial Assistance from Attorney General Merrick Garland on Enforcement of Nondiscrimination Laws in Programs and Activities that Receive Infrastructure Investment and Jobs Act or Consolidated Appropriations Act, 2022 Funding- June 21, 2022
- Memorandum for Heads of Department Components United States Attorneys from Associate Attorney General Vanita Gupta on Comprehensive Environmental Justice Enforcement Strategy - May 5, 2022
- EJ Title VI Interagency Working Group Webpage
- Department of Justice's Role in Environmental Justice
Title VI LEP Materials
- Law Enforcement Language Access Initiative
- State Courts and Language Access
- LEP.gov- Federal Interagency Language Access Website
- Information on Improving Access to Services for Persons with Limited English Proficiency (Executive Order 13166)
- Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons - June 18, 2002
- Enforcement of Title VI of the Civil Rights Act of 1964-National Origin Discrimination Against Persons With Limited English Proficiency; Policy Guidance- August 11, 2000