I 

114TH CONGRESS 

2D SESSION H. R. 5260 

To amend title VI of the Civil Rights Act of 1964 to restore the right 

to individual civil actions in cases involving disparate impact, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2016 

Mr. SCOTT of Virginia (for himself and Mr. CONYERS) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title VI of the Civil Rights Act of 1964 to restore 

the right to individual civil actions in cases involving 

disparate impact, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equity and Inclusion 

5 Enforcement Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) In 1964, Congress adopted title VI of the 

2 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 

3 to ensure that Federal dollars would not subsidize or 

4 support programs or activities that discriminate on 

5 the basis of race, color, or national origin. 

6 (2) The Supreme Court decision in Alexander v. 

7 Sandoval, 532 U.S. 275 (2001) overturned four dec8 ades of statutory protections against discrimination 

9 by stripping victims of discrimination of the right to 

10 bring actions under title VI of the Civil Rights Act 

11 of 1964 (42 U.S.C. 2000d et seq.) to challenge dis12 parate impact. 

13 (3) For effective enforcement of title VI of the 

14 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 

15 it is necessary that the private right of action in16 cludes the means to challenge all forms of discrimi17 nation that are prohibited by such Act, including 

18 practices that have a disparate impact and are not 

19 justified as necessary to achieve the legitimate goals 

20 of programs or activities supported by Federal fi21 nancial assistance. 

22 (4) Failure to reinstate or confirm a private 

23 right of action to challenge disparate impact under 

24 title VI of the Civil Rights Act of 1964 (42 U.S.C. 

25 2000d et seq.) leaves only the Federal government 


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1 with the burden to pursue equal opportunity under 

2 the law. 

3 SEC. 3. RESTORATION OF RIGHT TO CIVIL ACTION IN DIS4 PARATE IMPACT CASES UNDER TITLE VI OF 

5 THE CIVIL RIGHTS ACT OF 1964. 

6 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

7 2000d et seq.) is amended by adding at the end the fol8 lowing: 

9 ‘‘SEC. 607. The violation of any regulation relating 

10 to disparate impact issued under section 602 shall give 

11 rise to a private civil cause of action for its enforcement 

12 to the same extent as does an intentional violation of the 

13 prohibition of section 601.’’. 

14 SEC. 4. DESIGNATION OF MONITORS UNDER TITLE VI OF 

15 THE CIVIL RIGHTS ACT OF 1964. 

16 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

17 2000d et seq.) is further amended by adding at the end 

18 the following: 

19 ‘‘SEC. 608. (a) Each recipient shall— 

20 ‘‘(1) designate at least one employee to coordi21 nate its efforts to comply with requirements adopted 

22 pursuant to section 602 and carry out the respon23 sibilities of the recipient under this title, including 

24 any investigation of any complaint alleging the non25 compliance of the recipient with such requirements 


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1 or alleging any actions prohibited under this title; 

2 and 

3 ‘‘(2) notify its students and employees of the 

4 name, office address, and telephone number of each 

5 employee designated under paragraph (1). 

6 ‘‘(b) In this section, the term ‘recipient’ means a re7 cipient referred to in section 602 that operates an edu8 cation program or activity receiving Federal financial as9 sistance authorized or extended by the Secretary of Edu10 cation.’’. 

11 SEC. 5. SPECIAL ASSISTANT FOR EQUITY AND INCLUSION. 

12 Section 202(b) of the Department of Education Or13 ganization Act (20 U.S.C. 3412(b)) is amended— 

14 (1) by redesignating paragraph (4) as para15 graph (5); and 

16 (2) by inserting after paragraph (3), the fol17 lowing: 

18 ‘‘(4) There shall be in the Department, a Spe19 cial Assistant for Equity and Inclusion who shall be 

20 appointed by the Secretary. The Special Assistant 

21 shall promote, coordinate, and evaluate equity and 

22 inclusion programs, including the dissemination of 

23 information, technical assistance, and coordination 

24 of research activities. The Special Assistant shall ad25 vise the Secretary and Deputy Secretary on all matVerDate Sep 11 2014 21:07 May 18, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5260.IH H5260

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1 ters relating to equity and inclusion in a manner 

2 consistent with title VI of the Civil Rights Act of 

3 1964 (42 U.S.C. 2000d et seq.).’’. 

Æ 


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