Equity and Inclusion Enforcement Act of 2023

Equity and Inclusion Enforcement Act of 2023

This bill authorizes private civil causes of action for disparate impact violations (to the same extent as intentional violations) of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in federally funded programs or activities.

Education programs that receive financial assistance authorized or extended by the Department of Education (ED) must designate at least one Title VI compliance coordinator to carry out responsibilities and investigate complaints.

The bill requires ED to appoint a Special Assistant for Equity and Inclusion to (1) promote, coordinate, and evaluate efforts to engender program compliance and inform individuals of their rights; and (2) advise ED on matters relating to compliance.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3445 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 3445

To amend title VI of the Civil Rights Act of 1964 to restore the right 
 to individual civil actions in cases involving disparate impact, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2023

Mr. Scott of Virginia (for himself, Mr. Nadler, Ms. Lee of California, 
 Mr. Carter of Louisiana, Mr. Grijalva, Ms. Norton, Ms. Bonamici, Ms. 
Jackson Lee, Ms. Wilson of Florida, Mr. Sablan, Ms. Crockett, Mr. Davis 
  of Illinois, Ms. Schakowsky, Mr. Carson, Ms. Tlaib, Mr. Mfume, Ms. 
Omar, Mrs. McClellan, Mr. Blumenauer, Mr. Green of Texas, Mr. Garcia of 
 Illinois, Mr. Courtney, and Mr. Ivey) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
  to the Committee on Education and the Workforce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To amend title VI of the Civil Rights Act of 1964 to restore the right 
 to individual civil actions in cases involving disparate impact, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equity and Inclusion Enforcement Act 
of 2023''.

SEC. 2. RESTORATION OF RIGHT TO CIVIL ACTION IN DISPARATE IMPACT CASES 
              UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.

    Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
is amended by adding at the end the following:
    ``Sec. 607.  The violation of any regulation relating to disparate 
impact issued under section 602 shall give rise to a private civil 
cause of action for its enforcement to the same extent as does an 
intentional violation of the prohibition of section 601.''.

SEC. 3. DESIGNATION OF MONITORS UNDER TITLE VI OF THE CIVIL RIGHTS ACT 
              OF 1964.

    Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
is further amended by adding at the end the following:
    ``Sec. 608. (a) Each recipient shall--
            ``(1) designate at least one employee to coordinate its 
        efforts to comply with requirements adopted pursuant to section 
        602 and carry out the responsibilities of the recipient under 
        this title, including any investigation of any complaint 
        alleging the noncompliance of the recipient with such 
        requirements or alleging any actions prohibited under this 
        title; and
            ``(2) notify its students and employees of the name, office 
        address, and telephone number of each employee designated under 
        paragraph (1).
    ``(b) In this section, the term `recipient' means a recipient 
referred to in section 602 that operates an education program or 
activity receiving Federal financial assistance authorized or extended 
by the Secretary of Education.''.

SEC. 4. SPECIAL ASSISTANT FOR EQUITY AND INCLUSION.

    Section 202(b) of the Department of Education Organization Act (20 
U.S.C. 3412(b)) is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3), the following:
    ``(4) There shall be in the Department, a Special Assistant for 
Equity and Inclusion who shall be appointed by the Secretary. The 
Special Assistant shall promote, coordinate, and evaluate efforts to 
engender program compliance with title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.) and inform individuals of their rights 
under such Act, including the dissemination of information, technical 
assistance, and coordination of research activities, in a manner 
consistent with such Act. The Special Assistant shall advise both the 
Secretary and Deputy Secretary on matters relating to compliance with 
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).''.
                                 <all>