National Call to Action to Reduce Judicial and Regulatory Circumvention of Title VI of the Civil Rights Act

WHEREAS, Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000 (d), was enacted by Congress to prohibit discrimination based on race or national origin by recipients of federal financial assistance; and

WHEREAS, Title VI empowers federal agencies to refuse funding to and terminate funding for any recipients found in violation of Title VI regulations; and

WHEREAS, federal courts had also allowed plaintiffs to litigate Title VI claims, including claims based. on alleged violations of discriminatory "impact" or "effect" regulations of federal agencies charged with enforcing TitleVI; and

WHEREAS, in Sandoval v. Alexander, 532 U.S. 275 (2001), the Supreme Court closed an important door to enforcement of Title VI "impact" or "effect" regulations, by reinterpreting Title VI to no longer provide a private right of action or private cause of action (i.e., the right of a person to file a lawsuit) to enforce such "impact" or "effect" regulations; and

WHEREAS, the U.S. Supreme Court since Sandoval now allows a private right of action to enforce Title VI only where the plaintiff can demonstrate ''intent'' to discriminate, a more onerous evidentiary burden; and

WHEREAS, the Court rationalized its position in Sandoval, in part, by arguing that Title VI establishes an optional administrative enforcement scheme in which a complainant can still obtain enforcement of Title VI by filing an administrative complaint with the federal agency or department providing the financial assistance to. the state, local or nonprofit entity; and

WHEREAS, there is a problem with some federal agencies properly enforcing their Title VI regulations; and

WHEREAS, many individuals who believe they have been discriminated against based on their race or national origin by recipients of federal financial assistance are unable to prove "intent" to discriminate and thus cannot sue, but they are also unable to obtain federal regulatory relief; and

WHEREAS, the Court indicated that Title VI did not clearly and unambiguously indicate the intent of Congress to allow a private right of action to enforce regulatory impact or effect standards; and

THEREFORE, BE IT RESOLVED, that the NAACP, in partnership with organizations and individuals of like mind, issue a national call to Congress to pass a bill, and on the President to sign such bill, to clarify Title VI to so indicate Congressional intent to authorize a private right of action to enforce regulatory "impact" or "effect" regulations; and

BE IT FURTHER RESOLVED, that the NAACP, in partnership with organizations and individuals of like mind, issue a national call to the President, and to Congress in its oversight capacity, to take such measures necessary to ensure that all federal regulatory agencies enforce their Title VI regulations evidencing an "impact" or "effect" standard.