What constitutes discriminatory conduct?
Title VI prohibits discrimination on the basis of “race, color, or national origin under any program or activity receiving Federal financial assistance.” The purpose of Title VI is to ensure that public funds are not spent in a way which encourages, subsidizes, or results in racial discrimination. There are two primary theories; intentional discrimination/disparate treatment and disparate impact/effects. An intent claim alleges that similarly situated persons are treated differently because of their race, color, or national origin. One must show that ‘a challenged action was motivated by intent to discriminate. The complaining party must show that the decision maker was not only aware of the complainant’s race, color, or national origin, but that the recipient acted, at least in part, because of the complainant’s race, color, or national origin. The disparate impact theory is based on Title VI regulations. Most federal agencies have adopted regulations that apply to the disparate impac
