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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 as the two statutes contain virtually identical language, the U.S. Supreme Court has held that cases interpreting one of the laws can generally be applied to the other. This entry first reviews the scope of the statute, the mechanisms by which it is enforced, and the criteria for establishing a case under Title VI. It then considers several issues that have been litigated under Title VI, including affirmative action, race-exclusive scholarships, and academic standards for athletic eligibility.

Scope

The scope of Title VI is coextensive with judicial interpretation of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution (Guardians Association v. Civil Service Commission of the City of New York, 1983). Because the Fourteenth Amendment is triggered by state action, Title VI has no practical effect on private institutions of higher education that do not receive federal financial assistance. Even so, Title VI plays an important role in extending the protections of the Equal Protection Clause to private institutions of higher education.

In a key case involving a private institution, Grove City College v. Bell (1984), the Supreme Court ruled that Title VI and Title IX applied only to discrimination in a particular program receiving federal funds. Under this precedent, colleges and universities could, in theory, have engaged in widespread racial discrimination, as long as there was no discrimination in their programs receiving federal funds. In response to the Court's decision, Congress amended Title VI with the Civil Rights Restoration Act of 1987 and changed the definition of “program” to include “all of the operations” of an institution. As a result, institutions of higher education that receive as little as one dollar in federal funds are prohibited from racially discriminating anywhere on their campuses.

Enforcement

Title VI employs two enforcement mechanisms. The first is for the federal government to threaten withdrawal of federal funds if it finds that unlawful discrimination is occurring. Title VI derives its power from the Spending Clause of the U.S. Constitution, which is located in Article I, Section 8, Clause 1. Insofar as Title VI conditions receipt of federal funds on compliance with federal requirements, and courts view it as a contract, it is interpreted using regular contract principles. Consequently, institutional officials must know that actions are unlawful at the time that they agree to take the federal funds (Gebser v. Lago Vista Independent School District, 1998).

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