Title VI of the Civil Rights Act of 1964 is the Federal law that protects individuals from discrimination “on the basis of” race, color, or national origin in programs that receive Federal financial assistance. “Federal financial assistance” includes federal funds, training, technical and other assistance in a very broad range of areas, including elementary, secondary, and higher education, health care, social services, public welfare, and law enforcement. Among other things, in operating a school, college, or other federally assisted program, a recipient of Federal financial assistance cannot, on the basis of race, color, or national origin, either directly or through contractual means, deny program services, aids, or benefits; provide a different service, aid, or benefit, or provide them in a manner different than they are provided to others; or segregate or separately treat individuals in any matter related to the receipt of any service, aid, or benefit. All K-12 public schools, and nearly all private K-12 schools, and public or private colleges or universities, are subject to Title VI.
The U.S. Department of Education Office for Civil Rights has also stated that discrimination on the basis of race, color, or national origin commingled with acts of religious discrimination is prohibited by Title VI. Thus, federal law prohibits schools accepting federal funds from maintaining policies requiring students to violate their sincerely held religious beliefs by sharing restrooms with members of the opposite sex or mandating that students violate those same beliefs and require that they refer to “transgender and gender-expansive students” with pronouns that do not match their biological sex. Similarly, educational institutions that fail to provide equal protection to Jewish students as these institutions provide to other students, such as by ignoring antisemitic harassment that would not be tolerated if the harassment was directed to other students protected under Title VI may be subject to allegations of discrimination under Title VI. It appears that parents and guardians or students need not exhaust administrative remedies under Title VI before suing in federal court and that they may obtain damages in appropriate cases. However, the Supreme Court has not settled these issues.
If you believe that you or others protected by Title VI have been discriminated against, you may file a complaint with the Federal agency that provides funds for the program where you believe the discrimination is occurring. For K-12 schools, colleges, and universities, this will generally be the U.S. Department of Education Office for Civil Rights. A signed, written complaint should be filed, generally within 180 days of the date of the alleged discrimination, containing:
- Your name, address, and telephone number. If you are filing on behalf of another person, include your name, address, telephone number, and your relation to that person (e.g., friend, attorney, parent, guardian, etc.)
- The name and address of the agency, institution, or department you believe discriminated against you.
- How, why, and when you believe you were subject to discrimination. Be sure to include as much background information as possible about the alleged acts of discrimination, including the names of the individuals you allege discriminated against you, if you know them.
- The names of any persons, if known, that the investigating agency could contact for additional information to support or clarify your allegations.
The U.S. Department of Education Office for Civil Rights complaint website portal is here; the federal electronic discrimination complaint form is here. A complaint may also be filed by letter. Here is an example you can use instead of the Office for Civil Rights form.
Download Letter
