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Title VI of the Civil Rights Act of 1964 was adopted as part of the landmark civil rights law designed to outlaw racial discrimination in schools, public places, and employment. The legislation was extremely controversial at the time and survived a 54-day filibuster in the U.S. Senate before its passage. According to Title VI, “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 in any program receiving Federal financial assistance” (42 U.S.C. § 2000d).

Eight years later, Congress enacted Title IX of the Educational Amendments of 1972, which prohibits discrimination on the basis of sex using the exact same wording as Title VI. Insofar ...

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