Civil Rights Office | Statutes & Regulations

Notice:

On August 22, 2024, the U.S. District Court for the Western District of Louisiana issued a permanent injunction, available at https://perma.cc/24VN-QS9Y, enjoining the United States Department of Justice (“DOJ”) from imposing or enforcing its disparate impact requirements under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d (“Title VI”) in the state of Louisiana. Specifically, DOJ is enjoined from “enforcing the Title VI disparate-impact requirements contained in 40 C.F.R. § 7.35(b), (c) and 28 C.F.R. § 42.104(b)(2) against any entity in the State of Louisiana, or requiring compliance with those requirements as a condition of past, existing, or future awards of financial assistance to any entity in the State of Louisiana.” DOJ is fully complying with the court’s order. Unless continued litigation results in changes to the court’s order, DOJ will not impose or enforce its Title VI disparate impact requirements in Louisiana.

All DOJ guidance documents, including those posted here, are valid and apply in Louisiana except to the extent they explain legal obligations arising under the DOJ or EPA Title VI disparate impact regulatory provisions. All recipients of DOJ financial assistance (including those in the state of Louisiana) have a continuing obligation to comply with Title VI, which prohibits discrimination against or otherwise excluding individuals on the basis of race, color, or national origin, all other Title VI implementing regulations, and all grant terms and conditions. Recipients must continue to comply with all other applicable nondiscrimination laws and their corresponding implementing regulations.

The laws and regulations on this page are for general informational purposes only and are not intended to provide legal advice to any individual or entity.

The Office for Civil Rights (OCR) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from the Office of Justice Programs (OJP), the Office on Violence Against Women (OVW) and the Office of Community Oriented Policing Services (COPS Office), and other covered entities.

Overview: Civil rights laws and nondiscrimination provisions

An entity that receives federal financial assistance from the U.S. Department of Justice (OJP, OVW, the COPS Office), and other covered entities, must comply with civil rights laws and may be required to comply with specific nondiscrimination provisions.

Civil rights laws prohibit entities that receives federal financial assistance from the U.S. Department of Justice (DOJ), or other covered entities, from engaging in discrimination in both employment and the delivery of services or benefits. OCR enforces the laws in the Civil Rights Laws section below.
Nondiscrimination provisions are requirements or restrictions in federal law that apply to specific types of federal financial assistance from DOJ, in addition to civil rights laws. These nondiscrimination provisions apply to one or more grant programs or to federal financial assistance that is provided under a particular legal authority. Several provisions that may apply to certain types of federal financial assistance are in the Nondiscrimination Provisions section below.

Civil Rights Laws

Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (Title VI).
- Statutory provision:
  No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
- DOJ implementing regulation: Subpart C and Subpart F of 28 C.F.R. Part 42.
- The Title VI prohibition on national origin discrimination includes discrimination against a person based on their limited English proficiency (LEP).
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a). (Section 504).
- Statutory provision:
  No otherwise qualified individual with a disability in the United States, as defined in [29 U.S.C. § 705(20)], shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance[.]
- DOJ implementing regulation: Subpart G of 28 C.F.R. Part 42.
Section 901 of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681(a) (Title IX).
- Statutory provision:
  No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance[.]
- DOJ implementing regulations: 28 C.F.R Part 54.
Section 303 of the Age Discrimination Act of 1975, 42 U.S.C. § 6102 (Age Act).
- Statutory provision:
  [N]o person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.
- DOJ implementing regulation: Subpart I of 28 C.F.R. Part 42.
Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132 (Title II).
- Statutory provision:
  Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.
- DOJ implementing regulation: 28 C.F.R Part 35.

Nondiscrimination Provisions

Section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. § 10228(c) (Safe Streets Act). See also 34 U.S.C. § 11182(b).
- Statutory provision:
  No person in any State shall on the ground of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or denied employment in connection with any programs or activity funded in whole or in part with funds made available under this chapter.
- DOJ implementing regulation: Subpart D of 28 C.F.R. Part 42.
Section 1407(e) of the Victims of Crime Act of 1984, 34 U.S.C. § 20110(e) (VOCA).
- Statutory provision:
  No person shall on the ground of race, color, religion, national origin, handicap, or sex be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with, any undertaking funded in whole or in part with sums made available under this subchapter.
- DOJ implementing regulation: Subpart B of 28 C.F.R. Part 94.
Grant condition required by Section 40002(b)(13) of the Violence Against Women Act of 1994, 34 U.S.C. § 12291(b)(13)(A) (VAWA).
- Statutory Provision:
  No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in paragraph 249(c)(4) of title 18), sexual orientation, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the Violence Against Women Act of 1994…and any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women.
- Any award administered by OVW is subject to a grant condition that prohibits discrimination both in employment and in the delivery of services or benefits in any program or activity funded, in whole or in part, with funds appropriated to OVW, or appropriated pursuant to certain statutes that focus on violence against women.
- The grant condition includes a limited exception for sex-specific programming, as well as a rule of construction to the effect that nothing in the condition diminishes other legal responsibilities and liabilities related to civil rights.

Date Created: June 2, 2023