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 fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Education and the Workforce, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Equity and Inclusion 
Enforcement Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) In 1964, Congress adopted title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
to ensure that Federal dollars would not subsidize or 
support programs or activities that discriminate on 
the basis of race, color, or national origin. 
(2) The Supreme Court decision in Alexander v. 
Sandoval, 532 U.S. 275 (2001) overturned four dec-
ades 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 et seq.) to challenge dis-
parate impact. 
(3) For effective enforcement of title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 
it is necessary that the private right of action in-
cludes the means to challenge all forms of discrimi-
nation that are prohibited by such Act, including 
practices that have a disparate impact and are not 
justified as necessary to achieve the legitimate goals 
of programs or activities supported by Federal fi-
nancial assistance. 
(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 et seq.) leaves only the Federal government 
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with the burden to pursue equal opportunity under 
the law. 
SEC. 3. RESTORATION OF RIGHT TO CIVIL ACTION IN DIS-
PARATE 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 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 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.’’. 
SEC. 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 et seq.) is further amended by adding at the end 
the following: 
‘‘SEC. 608. (a) Each recipient shall— 
‘‘(1) designate at least one employee to coordi-
nate its efforts to comply with requirements adopted 
pursuant to section 602 and carry out the respon-
sibilities of the recipient under this title, including 
any investigation of any complaint alleging the non-
compliance of the recipient with such requirements 
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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’ means a re-
cipient referred to in section 602 that operates an edu-
cation program or activity receiving Federal financial as-
sistance authorized or extended by the Secretary of Edu-
cation.’’. 
SEC. 5. SPECIAL ASSISTANT FOR EQUITY AND INCLUSION. 
Section 202(b) of the Department of Education Or-
ganization Act (20 U.S.C. 3412(b)) is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3), the fol-
lowing: 
‘‘(4) There shall be in the Department, a Spe-
cial 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 ad-
vise the Secretary and Deputy Secretary on all mat-
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ters relating to equity and inclusion in a manner 
consistent with title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.).’’. 
Æ 
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