Equity and Inclusion Enforcement Act

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. Short title This Act may be cited as the Equity and Inclusion Enforcement Act 2. Findings Congress finds the following: (1) In 1964, Congress adopted title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d (2) The Supreme Court decision in Alexander v. Sandoval, 532 U.S. 275 (2001) overturned four decades of statutory protections against discrimination by stripping victims of discrimination of the right to bring actions under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d (3) For effective enforcement of title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d (4) Failure to reinstate or confirm a private right of action to challenge disparate impact under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d 3. Restoration of right to civil action in disparate impact cases under title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d 607. The violation of any regulation relating to disparate impact issued under section 602 shall give rise to a private civil cause of action for its enforcement to the same extent as does an intentional violation of the prohibition of section 601. . 4. Designation of monitors under title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d 608. (a) Each recipient shall— (1) designate at least one employee to coordinate its efforts to comply with requirements adopted pursuant to section 602 and carry out the responsibilities of the recipient under this title, including any investigation of any complaint alleging the noncompliance of the recipient with such requirements or alleging any actions prohibited under this title; and (2) notify its students and employees of the name, office address, and telephone number of each employee designated under paragraph (1). (b) In this section, the term recipient . 5. Special assistant for equity and inclusion Section 202(b) of the Department of Education Organization Act ( 20 U.S.C. 3412(b) (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3), the following: (4) There shall be in the Department, a Special Assistant for Equity and Inclusion who shall be appointed by the Secretary. The Special Assistant shall promote, coordinate, and evaluate equity and inclusion programs, including the dissemination of information, technical assistance, and coordination of research activities. The Special Assistant shall advise the Secretary and Deputy Secretary on all matters relating to equity and inclusion in a manner consistent with title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d .

Summary: Equity and Inclusion Enforcement Act This bill amends the Civil Rights Act of 1964 to allow private civil causes of action for disparate impact violations (to the same extent as intentional violations) of federal regulations of general applicability that prohibit discrimination on the ground of race, color, or national origin in programs or activities receiving federal financial assistance. Education programs that receive financial assistance authorized or extended by the Department of Education (ED) must designate at least one compliance coordinator to carry out these nondiscrimination responsibilities and to investigate complaints. The Department of Education Organization Act is amended to establish an ED-appointed Special Assistant for Equity and Inclusion within ED to: (1) promote, coordinate, and evaluate equity and inclusion programs, including the dissemination of information, technical assistance, and coordination of research activities; and (2) advise ED on matters relating to equity and inclusion.