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U.S. Department of Education

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The Federal civil rights laws that OCR enforces prohibit  discrimination based on race, color, national origin, sex, disability and age  in programs or activities receiving Federal financial assistance.  In  additional to prohibiting discrimination, each of these civil rights laws also  prohibits retaliation against individuals who assert their rights.  The  ability of individuals to oppose discriminatory practices and to participate in  OCR investigations and other proceedings is critical to ensuring equal educational  opportunity in accordance with Federal civil rights laws. For this reason,  recipients of Federal funds are prohibited from intimidating, threatening,  coercing, or discriminating against any individual for the purpose of  interfering with any right or privilege secured by Federal civil rights law. Once a student, parent, teacher, coach, or other  individual complains formally or informally to a school about a potential civil  rights violation or participates in an OCR investigation or proceeding, the recipient  institution is prohibited from retaliating (including intimidating,  threatening, coercing, or in any way discriminating against the individual)  because of the individual’s complaint or participation. OCR vigorously  enforces the retaliation provisions of the civil rights laws. 

Links to the regulations that prohibit retaliation in the civil  rights laws that OCR enforces:        - Title  VI --  34 CFR 100.7(e) : “Intimidatory or retaliatory acts prohibited. No  recipient or other person shall intimidate, threaten, coerce, or discriminate  against any individual for the purpose of interfering with any right or  privilege secured by section 601 of the Act or this part, or because he has  made a complaint, testified, assisted, or participated in any manner in an  investigation, proceeding or hearing under this part. The identity of  complainants shall be kept confidential except to the extent necessary to carry  out the purposes of this part, including the conduct of any investigation,  hearing, or judicial proceeding arising thereunder.”
- Title  IX --  34  CFR 106.71  (incorporates the retaliation language of the regulations under Title VI)
- Section  504 of the Rehabilitation Act of 1973 --  34  CFR 104.61  (incorporates the retaliation language of the regulations under Title VI)
- Title  II of the Americans with Disabilities Act --  28  CFR 35.134 : “(a) No private or public entity shall discriminate against any  individual because that individual has opposed any act or practice made  unlawful by this part, or because that individual made a charge, testified,  assisted, or participated in any manner in an investigation, proceeding, or  hearing under the Act or this part. (b) No private or public entity shall  coerce, intimidate, threaten, or interfere with any individual in the exercise  or enjoyment of, or on account of his or her having exercised or enjoyed, or on  account of his or her having aided or encouraged any other individual in the  exercise or enjoyment of, any right granted or protected by the Act or this  part.”
- Age  Discrimination Act --  34 CFR  110.34 :  “ A  recipient may not engage in acts of intimidation or retaliation against any  person who -- (a) Attempts to assert a right protected by the Act or these  regulations; or (b) Cooperates in any mediation, investigation, hearing, or  other part of ED's investigation, conciliation, and enforcement process.”
- Boy  Scouts of America Equal Access Act --  34  CFR 108.9  (incorporates the retaliation language of the regulations under Title VI)

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