We will be updating this manual to
take into account major court
decisions as well as showing how evidence of effects can prove
intentional discrimination. This is important because under court
decisions private parties can sue to enforce Title VI only if they can
prove intentional discrimination. Only the Federal government can
bring a case based on evidence of disparate or adverse impact.
But did you know that evidence of adverse or disparate impacts can be
used as evidence of intentional discrimination?
Regulations implementing Title VI and many other grant related
nondiscrimination statutes prohibit retaliation, but most grant related
nondiscrimination statutes themselves do not. Does that mean a
complainant is really protected from retaliation?
Is failure to provide services in languages other than English really
national origin discrimination or is it language discrimination?
If the failure to provide services to those with limited English
proficiency (LEP) is discrimination because of the adverse impact it
has on national origin groups, does this mean only the Federal
government can enforce LEP requirements?
Our update will deal with these and other questions. But until
update, the COR manual is the
best legal overview out there.