Title VI Lawyer

Knowledgeable Representation When Schools Discriminate Based on Race, Color, or National Origin in Violation of Title VI

While your school should provide a safe environment free from discrimination, unfortunately, we know that’s not always the case. In particular, college and university programs are often operated in a manner that discriminates against students, faculty, and staff based on their race, color, or national origin. When discrimination violates your civil rights, a dedicated Title VI lawyer at Nesenoff & Miltenberg, LLP can enforce your rights and fight for the best remedies to secure your future opportunities under the law.

For decades, we have been successfully upholding the rights of students and school employees on campuses throughout the country. We understand the application of anti-discrimination laws on campus from a perspective that few firms can match in terms of experience.

What is Title VI?

The term “Title VI “ is used to refer to Title VI of the Civil Rights Act of 1964, along with the regulations, guidelines, and case law developed over the years to implement the goals of Title VI. The text of the initial statute specifies that “[n]o 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 under any program or activity receiving Federal financial assistance.”

As with Title IX, the requirements of Title VI apply to nearly all educational programs in the U.S. because most schools receive some federal funding. Colleges and universities, for instance, generally accept financial aid provided through federal programs, which is considered receipt of federal funding. While Title IX is focused on educational programs, however, Title VI also applies to other recipients of federal funding, including government agencies at all levels, as well as many private organizations, such as those in the healthcare and housing industries.

Unlawful Discrimination Occurs in Numerous Ways on Campuses Throughout the U.S.

Discrimination can be obvious, but it is often quite subtle. When it is based on factors protected by Title VI, then discrimination is illegal, and a Title VI lawyer at Nesenoff & Miltenberg, LLP can help students subjected to discrimination obtain the best remedies available under the law.

How can you tell if you’ve been subjected to unlawful discrimination? If you’ve been denied an opportunity that was made available to others, that could be an instance of discrimination. It might involve academic opportunities, housing, use of facilities, or issues such as admission to a program, acceptance for employment, or advancement. In addition, being subjected to harassment is also a form of prohibited discrimination. Here are some hypothetical examples of discrimination that could violate Section VI:

• When students are applying for an advanced program, a professor writes recommendations for students of one race but denies requests from students of another race because students of that race have traditionally struggled with the advanced program.
• A coach on an athletic team makes repeated jokes about a student-athlete’s ethnicity and clothing, and these jokes are so frequent and offensive that the student stops attending practices.
• When a group of students engages in a protest action, the school suspends students from one particular country but only issues reprimands to all the other students.
• A school denies admission to students based on ethnic associations with nations considered to be terrorist states.
• A school employment program reduces the hours of workers of a certain ethnicity, claiming that they don’t work as hard as employees with other ethnic backgrounds.

Discriminatory actions do not necessarily need to be taken by school staff for the school to be held responsible. If students harass other students and the teacher, coach, or administrator in charge fails to take action, the school may be liable for a violation.

It can take significant investigation to prove that actions constitute illegal discrimination. At Nesenoff & Miltenberg, LLP, our team is experienced in identifying signs of potential violations and conducting thorough investigations to uncover the evidence necessary to prove that school practices have violated Title VI and other civil rights laws.

The Civil Rights Protections Offered by Title VI

Title VI protects individuals facing discrimination based on their race, color, or national origin. (Additional federal and state laws protect against discrimination based on other protected factors such as gender.) Although the language of Title VI does not specifically address religion, the statute prohibits discrimination based on ethnic characteristics or ancestry that are linked to religion. For instance, certain clothing associated with particular religious practices is also associated with ethnic or national identity. So, harassing a student because they are wearing these garments could be a violation of Title VI.

Schools are not allowed to retaliate against students, faculty, or staff who seek to enforce their Title VI rights. If a student is labeled a “troublemaker” for filing a complaint or cooperating with a Title VI investigation, and that student is later denied opportunities because of their Title VI enforcement actions, that discrimination constitutes a separate and additional Title VI violation.

Title VI Claims and Remedies

To succeed with a legal action under Title VI, a student subjected to discrimination will need to establish four particular elements:

• They need to show that they were subjected to discriminatory conduct or harassment because of their race, color, or national origin
• They need to show that the discrimination or harassment was severe enough to deny them the ability to participate in or gain the benefit from a program at the school
• They need to show that an official at the school knew about (or should have been aware of) the discrimination or harassment
• They need to show that the school failed to take sufficient action to eliminate the hostile environment, end the discriminatory practice, and remedy the effects

These elements can be presented in a complaint made on campus, a complaint made to the Office for Civil Rights at the U.S. Department of Education, or a lawsuit filed in federal court. When a complaint is filed directly with the school, the school may remedy the situation by providing access that was denied earlier or requiring training and education on Title VI harassment. When a complaint is filed with the Office for Civil Rights, the agency will decide whether to launch an investigation. If the agency determines that a violation occurred, they would likely require the school to provide equal access or engage in training on anti-discriminatory actions.

A Title VI lawyer at Nesenoff & Miltenberg, LLP can assist with these types of complaints, but our team also has the knowledge and experience to pursue relief successfully in federal court. This can enable a student subjected to discrimination to not only receive access that was denied earlier but also to potentially obtain monetary compensation for the harm suffered because of the discrimination

When a School Violates Your Civil Rights, Nesenoff & Miltenberg Fights for Justice

When a school violates your civil rights, your entire education is at risk. Whether you respond by withdrawing or simply by suffering in silence, you lose out on educational opportunities that rightfully should be yours. This negative impact extends to your career and even your personal relationships.

It’s not fair and it’s not legal. At Nesenoff & Miltenberg, LLP, we have been dedicated to protecting students’ rights for decades because we know that education sets the tone for your entire future.

If you believe a college or university has violated your rights under Title VI or any other civil rights laws, we invite you to schedule a confidential consultation to discuss the possibilities for relief in your situation. Just call us at 212-736-4500 or contact us online to get started protecting your future today.