42 USC 2000d-1

§ 2000d

TITLE 42—THE PUBLIC HEALTH AND WELFARE

SUBCHAPTER V—FEDERALLY ASSISTED
PROGRAMS
§ 2000d. Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national
origin
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 under
any program or activity receiving Federal financial assistance.
(Pub. L. 88–352, title VI, § 601, July 2, 1964, 78
Stat. 252.)
COORDINATION OF IMPLEMENTATION AND ENFORCEMENT
OF PROVISIONS
For provisions relating to the coordination of implementation and enforcement of the provisions of this
subchapter by the Attorney General, see section 1–201
of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out
as a note under section 2000d–1 of this title.
EX. ORD. NO. 13160. NONDISCRIMINATION ON THE BASIS OF
RACE, SEX, COLOR, NATIONAL ORIGIN, DISABILITY, RELIGION, AGE, SEXUAL ORIENTATION, AND STATUS AS A
PARENT IN FEDERALLY CONDUCTED EDUCATION AND
TRAINING PROGRAMS
Ex. Ord. No. 13160, June 23, 2000, 65 F.R. 39775, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 921–932 of title 20, United
States Code; section 2164 of title 10, United States Code;
section 2001 et seq., of title 25, United States Code; section 7301 of title 5, United States Code; and section 301
of title 3, United States Code, and to achieve equal opportunity in Federally conducted education and training programs and activities, it is hereby ordered as follows:
SECTION 1. Statement of policy on education programs
and activities conducted by executive departments and
agencies.
1–101. The Federal Government must hold itself to at
least the same principles of nondiscrimination in educational opportunities as it applies to the education
programs and activities of State and local governments, and to private institutions receiving Federal financial assistance. Existing laws and regulations prohibit certain forms of discrimination in Federally conducted education and training programs and activities—including discrimination against people with disabilities, prohibited by the Rehabilitation Act of 1973,
29 U.S.C. 701 et seq., as amended, employment discrimination on the basis of race, color, national origin, sex,
or religion, prohibited by Title VII of the Civil Rights
Act of 1964, 42 U.S.C. 2000e–17 [42 U.S.C. 2000e et seq.],
as amended, discrimination on the basis of race, color,
national origin, or religion in educational programs receiving Federal assistance, under Title VI of the Civil
Rights Acts of 1964, 42 U.S.C. 2000d [et seq.], and sexbased discrimination in education programs receiving
Federal assistance under Title IX of the Education
Amendments of 1972, 20 U.S.C. 1681 et seq. Through this
Executive Order, discrimination on the basis of race,
sex, color, national origin, disability, religion, age, sexual orientation, and status as a parent will be prohibited in Federally conducted education and training programs and activities.
1–102. No individual, on the basis of race, sex, color,
national origin, disability, religion, age, sexual orientation, or status as a parent, shall be excluded from
participation in, be denied the benefits of, or be subjected to discrimination in, a Federally conducted education or training program or activity.

Page 3856

SEC. 2. Definitions.
2–201. ‘‘Federally conducted education and training
programs and activities’’ includes programs and activities conducted, operated, or undertaken by an executive department or agency.
2–202. ‘‘Education and training programs and activities’’ include, but are not limited to, formal schools,
extracurricular activities, academic programs, occupational training, scholarships and fellowships, student
internships, training for industry members, summer
enrichment camps, and teacher training programs.
2–203. The Attorney General is authorized to make a
final determination as to whether a program falls within the scope of education and training programs and activities covered by this order, under subsection 2–202, or
is excluded from coverage, under section 3.
2–204. ‘‘Military education or training programs’’ are
those education and training programs conducted by
the Department of Defense or, where the Coast Guard
is concerned, the Department of Transportation, for
the primary purpose of educating or training members
of the armed forces or meeting a statutory requirement
to educate or train Federal, State, or local civilian law
enforcement officials pursuant to 10 U.S.C. Chapter 18.
2–205. ‘‘Armed Forces’’ means the Armed Forces of
the United States.
2–206. ‘‘Status as a parent’’ refers to the status of an
individual who, with respect to an individual who is
under the age of 18 or who is 18 or older but is incapable
of self-care because of a physical or mental disability,
is:
(a) a biological parent;
(b) an adoptive parent;
(c) a foster parent;
(d) a stepparent;
(e) a custodian of a legal ward;
(f) in loco parentis over such an individual; or
(g) actively seeking legal custody or adoption of
such an individual.
SEC. 3. Exemption from coverage.
3–301. This order does not apply to members of the
armed forces, military education or training programs,
or authorized intelligence activities. Members of the
armed forces, including students at military academies, will continue to be covered by regulations that
currently bar specified forms of discrimination that are
now enforced by the Department of Defense and the individual service branches. The Department of Defense
shall develop procedures to protect the rights of and to
provide redress to civilians not otherwise protected by
existing Federal law from discrimination on the basis
of race, sex, color, national origin, disability, religion,
age, sexual orientation, or status as a parent and who
participate in military education or training programs
or activities conducted by the Department of Defense.
3–302. This order does not apply to, affect, interfere
with, or modify the operation of any otherwise lawful
affirmative action plan or program.
3–303. An individual shall not be deemed subjected to
discrimination by reason of his or her exclusion from
the benefits of a program established consistent with
federal law or limited by Federal law to individuals of
a particular race, sex, color, disability, national origin,
age, religion, sexual orientation, or status as a parent
different from his or her own.
3–304. This order does not apply to ceremonial or
similar education or training programs or activities of
schools conducted by the Department of the Interior,
Bureau of Indian Affairs, that are culturally relevant
to the children represented in the school. ‘‘Culturally
relevant’’ refers to any class, program, or activity that
is fundamental to a tribe’s culture, customs, traditions,
heritage, or religion.
3–305. This order does not apply to (a) selections
based on national origin of foreign nationals to participate in covered education or training programs, if such
programs primarily concern national security or foreign policy matters; or (b) selections or other decisions
regarding participation in covered education or training programs made by entities outside the executive

Page 3857

TITLE 42—THE PUBLIC HEALTH AND WELFARE

branch. It shall be the policy of the executive branch
that education or training programs or activities shall
not be available to entities that select persons for participation in violation of Federal or State law.
3–306. The prohibition on discrimination on the basis
of age provided in this order does not apply to agebased admissions of participants to education or training programs, if such programs have traditionally been
age-specific or must be age-limited for reasons related
to health or national security.
SEC. 4. Administrative enforcement.
4–401. Any person who believes himself or herself to
be aggrieved by a violation of this order or its implementing regulations, rules, policies, or guidance may,
personally or through a representative, file a written
complaint with the agency that such person believes is
in violation of this order or its implementing regulations, rules, policies, or guidance. Pursuant to procedures to be established by the Attorney General, each
executive department or agency shall conduct an investigation of any complaint by one of its employees alleging a violation of this Executive Order.
4–402. (a) If the office within an executive department
or agency that is designated to investigate complaints
for violations of this order or its implementing rules,
regulations, policies, or guidance concludes that an employee has not complied with this order or any of its
implementing rules, regulations, policies, or guidance,
such office shall complete a report and refer a copy of
the report and any relevant findings or supporting evidence to an appropriate agency official. The appropriate agency official shall review such material and
determine what, if any, disciplinary action is appropriate.
(b) In addition, the designated investigating office
may provide appropriate agency officials with a recommendation for any corrective and/or remedial action.
The appropriate officials shall consider such recommendation and implement corrective and/or remedial
action by the agency, when appropriate. Nothing in
this order authorizes monetary relief to the complainant as a form of remedial or corrective action by an executive department or agency.
4–403. Any action to discipline an employee who violates this order or its implementing rules, regulations,
policies, or guidance, including removal from employment, where appropriate, shall be taken in compliance
with otherwise applicable procedures, including the
Civil Service Reform Act of 1978, Public Law No. 95–454,
92 Stat. 1111 [see Tables for classification].
SEC. 5. Implementation and Agency Responsibilities.
5–501. The Attorney General shall publish in the Federal Register such rules, regulations, policies, or guidance, as the Attorney General deems appropriate, to be
followed by all executive departments and agencies.
The Attorney General shall address:
a. which programs and activities fall within the
scope of education and training programs and activities covered by this order, under subsection 2–202, or
excluded from coverage, under section 3 of this order;
b. examples of discriminatory conduct;
c. applicable legal principles;
d. enforcement procedures with respect to complaints against employees;
e. remedies;
f. requirements for agency annual and tri-annual
reports as set forth in section 6 of this order; and
g. such other matters as deemed appropriate.
5–502. Within 90 days of the publication of final rules,
regulations, policies, or guidance by the Attorney General, each executive department and agency shall establish a procedure to receive and address complaints
regarding its Federally conducted education and training programs and activities. Each executive department and agency shall take all necessary steps to effectuate any subsequent rules, regulations, policies, or
guidance issued by the Attorney General within 90 days
of issuance.
5–503. The head of each executive department and
agency shall be responsible for ensuring compliance
within this order.

§ 2000d–1

5–504. Each executive department and agency shall
cooperate with the Attorney General and provide such
information and assistance as the Attorney General
may require in the performance of the Attorney General’s functions under this order.
5–505. Upon request and to the extent practicable, the
Attorney General shall provide technical advice and assistance to executive departments and agencies to assist in full compliance with this order.
SEC. 6. Reporting Requirements.
6–601. Consistent with the regulations, rules, policies,
or guidance issued by the Attorney General, each executive department and agency shall submit to the Attorney General a report that summarizes the number and
nature of complaints filed with the agency and the disposition of such complaints. For the first 3 years after
the date of this order, such reports shall be submitted
annually within 90 days of the end of the preceding
year’s activities. Subsequent reports shall be submitted
every 3 years and within 90 days of the end of each 3year period.
SEC. 7. General Provisions.
7–701. Nothing in this order shall limit the authority
of the Attorney General to provide for the coordinated
enforcement of nondiscrimination requirements in Federal assistance programs under Executive Order 12250
[42 U.S.C. 2000d–1 note].
SEC. 8. Judicial Review.
8–801. This order is not intended, and should not be
construed, to create any right or benefit, substantive
or procedural, enforceable at law by a party against the
United States, its agencies, its officers, or its employees. This order is not intended, however, to preclude judicial review of final decisions in accordance with the
Administrative Procedure Act, 5 U.S.C. 701, et seq.
WILLIAM J. CLINTON.

§ 2000d–1. Federal authority and financial assistance to programs or activities by way of
grant, loan, or contract other than contract
of insurance or guaranty; rules and regulations; approval by President; compliance
with requirements; reports to Congressional
committees; effective date of administrative
action
Each Federal department and agency which is
empowered to extend Federal financial assistance to any program or activity, by way of
grant, loan, or contract other than a contract of
insurance or guaranty, is authorized and directed to effectuate the provisions of section
2000d of this title with respect to such program
or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the
statute authorizing the financial assistance in
connection with which the action is taken. No
such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted
pursuant to this section may be effected (1) by
the termination of or refusal to grant or to continue assistance under such program or activity
to any recipient as to whom there has been an
express finding on the record, after opportunity
for hearing, of a failure to comply with such requirement, but such termination or refusal shall
be limited to the particular political entity, or
part thereof, or other recipient as to whom such
a finding has been made and, shall be limited in
its effect to the particular program, or part
thereof, in which such noncompliance has been
so found, or (2) by any other means authorized
by law: Provided, however, That no such action

§ 2000d–1

TITLE 42—THE PUBLIC HEALTH AND WELFARE

shall be taken until the department or agency
concerned has advised the appropriate person or
persons of the failure to comply with the requirement and has determined that compliance
cannot be secured by voluntary means. In the
case of any action terminating, or refusing to
grant or continue, assistance because of failure
to comply with a requirement imposed pursuant
to this section, the head of the Federal department or agency shall file with the committees of
the House and Senate having legislative jurisdiction over the program or activity involved a
full written report of the circumstances and the
grounds for such action. No such action shall become effective until thirty days have elapsed
after the filing of such report.
(Pub. L. 88–352, title VI, § 602, July 2, 1964, 78
Stat. 252.)
DELEGATION OF FUNCTIONS
Function of the President relating to approval of
rules, regulations, and orders of general applicability
under this section, delegated to the Attorney General,
see section 1–101 of Ex. Ord. No. 12250, Nov. 2, 1980, 45
F.R. 72995, set out below.
EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT
Nondiscrimination in government employment and in
employment by government contractors and subcontractors, see Ex. Ord. No. 11246, eff. Sept. 24, 1965, 30
F.R. 12319, and Ex. Ord. No. 11478, eff. Aug. 8, 1969, 34
F.R. 12985, set out as notes under section 2000e of this
title.
EXECUTIVE ORDER NO. 11247
Ex. Ord. No. 11247, eff. Sept. 24, 1965, 30 F.R. 12327,
which related to enforcement of coordination of nondiscrimination in federally assisted programs, was superseded by Ex. Ord. No. 11764, eff. Jan. 21, 1974, 39 F.R.
2575, formerly set out below.
EXECUTIVE ORDER NO. 11764
Ex. Ord. No. 11764, Jan. 21, 1974, 39 F.R. 2575, which related to coordination of enforcement of provisions of
this subchapter, was revoked by section 1–501 of Ex.
Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72996, set out below.
EX. ORD. NO. 12250. LEADERSHIP AND COORDINATION OF
AND
ENFORCEMENT
OF
NONIMPLEMENTATION
DISCRIMINATION LAWS
Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, provided:
By the authority vested in me as President by the
Constitution and statutes of the United States of
America, including section 602 of the Civil Rights Act
of 1964 (42 U.S.C. 2000d–1), Section 902 of the Education
Amendments of 1972 (20 U.S.C. 1682), and Section 301 of
Title 3 of the United States Code, and in order to provide, under the leadership of the Attorney General, for
the consistent and effective implementation of various
laws prohibiting discriminatory practices in Federal
programs and programs receiving Federal financial assistance, it is hereby ordered as follows:
1–1. DELEGATION OF FUNCTION
1–101. The function vested in the President by Section
602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–1), relating to the approval of rules, regulations, and orders
of general applicability, is hereby delegated to the Attorney General.
1–102. The function vested in the President by Section
902 of the Education Amendments of 1972 (20 U.S.C.
1682), relating to the approval of rules, regulations, and
orders of general applicability, is hereby delegated to
the Attorney General.
1–2. COORDINATION OF NONDISCRIMINATION PROVISIONS
1–201. The Attorney General shall coordinate the implementation and enforcement by Executive agencies

Page 3858

of various nondiscrimination provisions of the following laws:
(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
(b) Title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.).
(c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 794).
(d) Any other provision of Federal statutory law
which provides, in whole or in part, that no person in
the United States shall, on the ground of race, color,
national origin, handicap, religion, or sex, be excluded
from participation in, be denied the benefits of, or be
subject to discrimination under any program or activity receiving Federal financial assistance.
1–202. In furtherance of the Attorney General’s responsibility for the coordination of the implementation
and enforcement of the nondiscrimination provisions of
laws covered by this Order, the Attorney General shall
review the existing and proposed rules, regulations, and
orders of general applicability of the Executive agencies in order to identify those which are inadequate,
unclear or unnecessarily inconsistent.
1–203. The Attorney General shall develop standards
and procedures for taking enforcement actions and for
conducting investigations and compliance reviews.
1–204. The Attorney General shall issue guidelines for
establishing reasonable time limits on efforts to secure
voluntary compliance, on the initiation of sanctions,
and for referral to the Department of Justice for enforcement where there is noncompliance.
1–205. The Attorney General shall establish and implement a schedule for the review of the agencies’ regulations which implement the various nondiscrimination laws covered by this Order.
1–206. The Attorney General shall establish guidelines
and standards for the development of consistent and effective recordkeeping and reporting requirements by
Executive agencies; for the sharing and exchange by
agencies of compliance records, findings, and supporting documentation; for the development of comprehensive employee training programs; for the development
of effective information programs; and for the development of cooperative programs with State and local
agencies, including sharing of information, deferring of
enforcement activities, and providing technical assistance.
1–207. The Attorney General shall initiate cooperative
programs between and among agencies, including the
development of sample memoranda of understanding,
designed to improve the coordination of the laws covered by this Order.
1–3. IMPLEMENTATION BY THE ATTORNEY GENERAL
1–301. In consultation with the affected agencies, the
Attorney General shall promptly prepare a plan for the
implementation of this Order. This plan shall be submitted to the Director of the Office of Management and
Budget.
1–302. The Attorney General shall periodically evaluate the implementation of the nondiscrimination provisions of the laws covered by this Order, and advise the
heads of the agencies concerned on the results of such
evaluations as to recommendations for needed improvement in implementation or enforcement.
1–303. The Attorney General shall carry out his functions under this Order, including the issuance of such
regulations as he deems necessary, in consultation with
affected agencies.
1–304. The Attorney General shall annually report to
the President through the Director of the Office of
Management and Budget on the progress in achieving
the purposes of this Order. This report shall include
any recommendations for changes in the implementation or enforcement of the nondiscrimination provisions of the laws covered by this Order.
1–305. The Attorney General shall chair the Interagency Coordinating Council established by Section 507
of the Rehabilitation Act of 1973, as amended (29 U.S.C.
794c).

Page 3859

TITLE 42—THE PUBLIC HEALTH AND WELFARE
1–4. AGENCY IMPLEMENTATION

1–401. Each Executive agency shall cooperate with the
Attorney General in the performance of the Attorney
General’s functions under this Order and shall, unless
prohibited by law, furnish such reports and information
as the Attorney General may request.
1–402. Each Executive agency responsible for implementing a nondiscrimination provision of a law covered
by this Order shall issue appropriate implementing directives (whether in the nature of regulations or policy
guidance). To the extent permitted by law, they shall
be consistent with the requirements prescribed by the
Attorney General pursuant to this Order and shall be
subject to the approval of the Attorney General, who
may require that some or all of them be submitted for
approval before taking effect.
1–403. Within 60 days after a date set by the Attorney
General, Executive agencies shall submit to the Attorney General their plans for implementing their responsibilities under this Order.
1–5. GENERAL PROVISIONS
1–501. Executive Order No. 11764 is revoked. The
present regulations of the Attorney General relating to
the coordination of enforcement of Title VI of the Civil
Rights Act of 1964 [this subchapter] shall continue in
effect until revoked or modified (28 CFR 42.401 to
42.415).
1–502. Executive Order No. 11914 is revoked. The
present regulations of the Secretary of Health and
Human Services relating to the coordination of the implementation of Section 504 of the Rehabilitation Act
of 1973, as amended [29 U.S.C. 794], shall be deemed to
have been issued by the Attorney General pursuant to
this Order and shall continue in effect until revoked or
modified by the Attorney General.
1–503. Nothing in this Order shall vest the Attorney
General with the authority to coordinate the implementation and enforcement by Executive agencies of
statutory provisions relating to equal employment.
1–504. Existing agency regulations implementing the
nondiscrimination provisions of laws covered by this
Order shall continue in effect until revoked or modified.
JIMMY CARTER.
EX. ORD. NO. 13166. IMPROVING ACCESS TO SERVICES FOR
PERSONS WITH LIMITED ENGLISH PROFICIENCY
Ex. Ord. No. 13166, Aug. 11, 2000, 65 F.R. 50121, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to improve access to federally conducted
and federally assisted programs and activities for persons who, as a result of national origin, are limited in
their English proficiency (LEP), it is hereby ordered as
follows:
SECTION 1. Goals.
The Federal Government provides and funds an array
of services that can be made accessible to otherwise eligible persons who are not proficient in the English language. The Federal Government is committed to improving the accessibility of these services to eligible
LEP persons, a goal that reinforces its equally important commitment to promoting programs and activities designed to help individuals learn English. To this
end, each Federal agency shall examine the services it
provides and develop and implement a system by which
LEP persons can meaningfully access those services
consistent with, and without unduly burdening, the
fundamental mission of the agency. Each Federal agency shall also work to ensure that recipients of Federal
financial assistance (recipients) provide meaningful access to their LEP applicants and beneficiaries. To assist the agencies with this endeavor, the Department of
Justice has today issued a general guidance document
(LEP Guidance), which sets forth the compliance standards that recipients must follow to ensure that the programs and activities they normally provide in English

§ 2000d–2

are accessible to LEP persons and thus do not discriminate on the basis of national origin in violation of title
VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et
seq.], as amended, and its implementing regulations. As
described in the LEP Guidance, recipients must take
reasonable steps to ensure meaningful access to their
programs and activities by LEP persons.
SEC. 2. Federally Conducted Programs and Activities.
Each Federal agency shall prepare a plan to improve
access to its federally conducted programs and activities by eligible LEP persons. Each plan shall be consistent with the standards set forth in the LEP Guidance,
and shall include the steps the agency will take to ensure that eligible LEP persons can meaningfully access
the agency’s programs and activities. Agencies shall
develop and begin to implement these plans within 120
days of the date of this order, and shall send copies of
their plans to the Department of Justice, which shall
serve as the central repository of the agencies’ plans.
SEC. 3. Federally Assisted Programs and Activities.
Each agency providing Federal financial assistance
shall draft title VI guidance specifically tailored to its
recipients that is consistent with the LEP Guidance issued by the Department of Justice. This agency-specific guidance shall detail how the general standards
established in the LEP Guidance will be applied to the
agency’s recipients. The agency-specific guidance shall
take into account the types of services provided by the
recipients, the individuals served by the recipients, and
other factors set out in the LEP Guidance. Agencies
that already have developed title VI guidance that the
Department of Justice determines is consistent with
the LEP Guidance shall examine their existing guidance, as well as their programs and activities, to determine if additional guidance is necessary to comply
with this order. The Department of Justice shall consult with the agencies in creating their guidance and,
within 120 days of the date of this order, each agency
shall submit its specific guidance to the Department of
Justice for review and approval. Following approval by
the Department of Justice, each agency shall publish
its guidance document in the Federal Register for public comment.
SEC. 4. Consultations.
In carrying out this order, agencies shall ensure that
stakeholders, such as LEP persons and their representative organizations, recipients, and other appropriate
individuals or entities, have an adequate opportunity
to provide input. Agencies will evaluate the particular
needs of the LEP persons they and their recipients
serve and the burdens of compliance on the agency and
its recipients. This input from stakeholders will assist
the agencies in developing an approach to ensuring
meaningful access by LEP persons that is practical and
effective, fiscally responsible, responsive to the particular circumstances of each agency, and can be readily implemented.
SEC. 5. Judicial Review.
This order is intended only to improve the internal
management of the executive branch and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the
United States, its agencies, its officers or employees, or
any person.
WILLIAM J. CLINTON.

§ 2000d–2. Judicial review; administrative procedure provisions
Any department or agency action taken pursuant to section 2000d–1 of this title shall be subject to such judicial review as may otherwise be
provided by law for similar action taken by such
department or agency on other grounds. In the
case of action, not otherwise subject to judicial
review, terminating or refusing to grant or to
continue financial assistance upon a finding of
failure to comply with any requirement imposed
pursuant to section 2000d–1 of this title, any per-

§ 2000d–3

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Page 3860

son aggrieved (including any State or political
subdivision thereof and any agency of either)
may obtain judicial review of such action in accordance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that chapter.

(i) if assistance is extended to such corporation, partnership, private organization,
or sole proprietorship as a whole; or
(ii) which is principally engaged in the
business of providing education, health care,
housing, social services, or parks and recreation; or

(Pub. L. 88–352, title VI, § 603, July 2, 1964, 78
Stat. 253.)

(B) the entire plant or other comparable,
geographically separate facility to which Federal financial assistance is extended, in the
case of any other corporation, partnership,
private organization, or sole proprietorship; or
(4) any other entity which is established by
two or more of the entities described in paragraph (1), (2), or (3);

CODIFICATION
‘‘Chapter 7 of title 5’’ and ‘‘that chapter’’ substituted
in text for ‘‘section 10 of the Administrative Procedure
Act’’ and ‘‘that section’’, respectively, on authority of
Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first
section of which enacted Title 5, Government Organization and Employees. Prior to the enactment of Title 5,
section 10 of the Administrative Procedure Act was
classified to section 1009 of Title 5.

§ 2000d–3. Construction of provisions not to authorize administrative action with respect to
employment practices except where primary
objective of Federal financial assistance is to
provide employment
Nothing contained in this subchapter shall be
construed to authorize action under this subchapter by any department or agency with respect to any employment practice of any employer, employment agency, or labor organization except where a primary objective of the
Federal financial assistance is to provide employment.
(Pub. L. 88–352, title VI, § 604, July 2, 1964, 78
Stat. 253.)
§ 2000d–4. Federal authority and financial assistance to programs or activities by way of contract of insurance or guaranty
Nothing in this subchapter shall add to or detract from any existing authority with respect
to any program or activity under which Federal
financial assistance is extended by way of a contract of insurance or guaranty.
(Pub. L. 88–352, title VI, § 605, July 2, 1964, 78
Stat. 253.)
§ 2000d–4a. ‘‘Program or activity’’ and ‘‘program’’
defined
For the purposes of this subchapter, the term
‘‘program or activity’’ and the term ‘‘program’’
mean all of the operations of—
(1)(A) a department, agency, special purpose
district, or other instrumentality of a State or
of a local government; or
(B) the entity of such State or local government that distributes such assistance and each
such department or agency (and each other
State or local government entity) to which
the assistance is extended, in the case of assistance to a State or local government;
(2)(A) a college, university, or other postsecondary institution, or a public system of
higher education; or
(B) a local educational agency (as defined in
section 7801 of title 20), system of vocational
education, or other school system;
(3)(A) an entire corporation, partnership, or
other private organization, or an entire sole
proprietorship—

any part of which is extended Federal financial
assistance.
(Pub. L. 88–352, title VI, § 606, as added Pub. L.
100–259, § 6, Mar. 22, 1988, 102 Stat. 31; amended
Pub. L. 103–382, title III, § 391(q), Oct. 20, 1994, 108
Stat. 4024; Pub. L. 107–110, title X, § 1076(y), Jan.
8, 2002, 115 Stat. 2093.)
AMENDMENTS
2002—Par. (2)(B). Pub. L. 107–110 substituted ‘‘7801’’
for ‘‘8801’’.
1994—Par. (2)(B). Pub. L. 103–382 substituted ‘‘section
8801 of title 20’’ for ‘‘section 198(a)(10) of the Elementary and Secondary Education Act of 1965’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
EXCLUSION FROM COVERAGE
This section not to be construed to extend application of Civil Rights Act of 1964 [42 U.S.C. 2000a et seq.]
to ultimate beneficiaries of Federal financial assistance excluded from coverage before Mar. 22, 1988, see
section 7 of Pub. L. 100–259, set out as a Construction
note under section 1687 of Title 20, Education.
ABORTION NEUTRALITY
This section not to be construed to force or require
any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or
pay for an abortion, see section 8 of Pub. L. 100–259, set
out as a note under section 1688 of Title 20, Education.

§ 2000d–5. Prohibited deferral of action on applications by local educational agencies seeking
Federal funds for alleged noncompliance
with Civil Rights Act
The Secretary of Education shall not defer action or order action deferred on any application
by a local educational agency for funds authorized to be appropriated by this Act, by the Elementary and Secondary Education Act of 1965
[20 U.S.C. 6301 et seq.], by the Act of September
30, 1950 1 (Public Law 874, Eighty-first Congress),
or by the Cooperative Research Act [20 U.S.C.
331 et seq.], on the basis of alleged noncompliance with the provisions of this subchapter for
more than sixty days after notice is given to
such local agency of such deferral unless such
local agency is given the opportunity for a hearing as provided in section 2000d–1 of this title,
1 See

References in Text note below.

Page 3861

TITLE 42—THE PUBLIC HEALTH AND WELFARE

such hearing to be held within sixty days of such
notice, unless the time for such hearing is extended by mutual consent of such local agency
and the Secretary, and such deferral shall not
continue for more than thirty days after the
close of any such hearing unless there has been
an express finding on the record of such hearing
that such local educational agency has failed to
comply with the provisions of this subchapter:
Provided, That, for the purpose of determining
whether a local educational agency is in compliance with this subchapter, compliance by such
agency with a final order or judgment of a Federal court for the desegregation of the school or
school system operated by such agency shall be
deemed to be compliance with this subchapter,
insofar as the matters covered in the order or
judgment are concerned.
(Pub. L. 89–750, title I, § 182, Nov. 3, 1966, 80 Stat.
1209; Pub. L. 90–247, title I, § 112, Jan. 2, 1968, 81
Stat. 787; Pub. L. 96–88, title III, § 301(a)(1), title
V, § 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L.
103–382, title III, § 392(b)(1), Oct. 20, 1994, 108 Stat.
4026.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 89–750, Nov. 3,
1966, 80 Stat. 1191, as amended, known as the Elementary and Secondary Education Amendments of 1966.
For complete classification of that Act to the Code, see
Short Title of 1966 Amendment note set out under section 6301 of Title 20, Education, and Tables.
The Elementary and Secondary Education Act of
1965, referred to in text, is Pub. L. 89–10, Apr. 11, 1965,
79 Stat. 27, as amended, which is classified generally to
chapter 70 (§ 6301 et seq.) of Title 20. For complete classification of this Act to the Code, see Short Title note
set out under section 6301 of Title 20 and Tables.
Act of September 30, 1950, referred to in text, is act
Sept. 30, 1950, ch. 1124, 64 Stat. 1100, as amended, popularly known as the Educational Agencies Financial Aid
Act, which was classified generally to chapter 13 (§ 236
et seq.) of Title 20 prior to repeal by Pub. L. 103–382,
title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965. For complete classification of this Act to the Code, see Tables.
The Cooperative Research Act, referred to in text, is
act July 26, 1954, ch. 576, 68 Stat. 533, which was classified generally to chapter 15 (§ 331 et seq.) of Title 20, and
terminated on July 1, 1975, under provisions of section
402(c)(1) of Pub. L. 93–380, title IV, Aug. 21, 1974, 88 Stat.
544. See section 1851 et seq. of this title. For complete
classification of this Act to the Code, see Tables.
CODIFICATION
Section was enacted as part of the Elementary and
Secondary Education Amendments of 1966, and not as
part of the Civil Rights Act of 1964, title VI of which
comprises this subchapter.
AMENDMENTS
1994—Pub. L. 103–382, which directed amendment of
this section by striking out ‘‘by the Act of September
23, 1950 (Public Law 815, 81st Congress),’’, was executed
by striking out ‘‘by the Act of September 23, 1950 (Public Law 815, Eighty-first Congress)’’ before ‘‘or by the
Cooperative’’ to reflect the probable intent of Congress.
1968—Pub. L. 90–247 inserted proviso.

§ 2000d–6

tion 241d of Title 20, and enacting provisions set out as
notes under sections 241a, 241b, and 241c of Title 20]
shall be effective with respect to fiscal years beginning
after June 30, 1966, except as specifically provided
otherwise.’’
TRANSFER OF FUNCTIONS
‘‘Secretary of Education’’ and ‘‘Secretary’’ substituted in text for ‘‘Commissioner of Education’’ and
‘‘Commissioner’’, respectively, pursuant to sections
301(a)(1) and 507 of Pub. L. 96–88, which are classified to
sections 3441(a)(1) and 3507 of Title 20, Education, and
which transferred all functions of Commissioner of
Education of Department of Health, Education, and
Welfare to Secretary of Education.

§ 2000d–6. Policy of United States as to application of nondiscrimination provisions in
schools of local educational agencies
(a) Declaration of uniform policy
It is the policy of the United States that
guidelines and criteria established pursuant to
title VI of the Civil Rights Act of 1964 [42 U.S.C.
2000d et seq.] and section 182 of the Elementary
and Secondary Education Amendments of 1966
[42 U.S.C. 2000d–5] dealing with conditions of
segregation by race, whether de jure or de facto,
in the schools of the local educational agencies
of any State shall be applied uniformly in all regions of the United States whatever the origin
or cause of such segregation.
(b) Nature of uniformity
Such uniformity refers to one policy applied
uniformly to de jure segregation wherever found
and such other policy as may be provided pursuant to law applied uniformly to de facto segregation wherever found.
(c) Prohibition of construction for diminution of
obligation for enforcement or compliance
with nondiscrimination requirements
Nothing in this section shall be construed to
diminish the obligation of responsible officials
to enforce or comply with such guidelines and
criteria in order to eliminate discrimination in
federally assisted programs and activities as required by title VI of the Civil Rights Act of 1964
[42 U.S.C. 2000d et seq.].
(d) Additional funds
It is the sense of the Congress that the Department of Justice and the Secretary of Education
should request such additional funds as may be
necessary to apply the policy set forth in this
section throughout the United States.
(Pub. L. 91–230, § 2, Apr. 13, 1970, 84 Stat. 121; Pub.
L. 96–88, title III, § 301, title V, § 507, Oct. 17, 1979,
93 Stat. 677, 692.)
REFERENCES IN TEXT

EFFECTIVE DATE

The Civil Rights Act of 1964, referred to in subsecs.
(a) and (c), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241,
as amended. Title VI of the Civil Rights Act of 1964 is
classified generally to this subchapter (§ 2000d et seq.).
For complete classification of this Act to the Code, see
Short Title note set out under section 2000a of this title
and Tables.

Section 191 of Pub. L. 89–750 provided that: ‘‘The provisions of this title [enacting this section and sections
241m, 871 to 880, and 886 of Title 20, Education, amending sections 241b, 241c, 241e, 241f, 241g, 241h, 241j, 241k,
241l, 244, 331a, 332a, 332b, 821, 822, 823, 841, 842, 843, 844,
861, 862, 863, 864, 883, and 884 of Title 20, repealing sec-

Section was enacted as part of the Elementary and
Secondary Education Amendments of 1969, and not as
part of the Civil Rights Act of 1964, title VI of which
comprises this subchapter.

CODIFICATION

§ 2000d–7

TITLE 42—THE PUBLIC HEALTH AND WELFARE
TRANSFER OF FUNCTIONS

‘‘Secretary of Education’’ substituted for ‘‘Department of Health, Education, and Welfare’’ in subsec. (d)
pursuant to sections 301 and 507 of Pub. L. 96–88, which
are classified to sections 3441 and 3507 of Title 20, Education, and which transferred functions and offices (relating to education) of Department and Secretary of
Health, Education, and Welfare to Secretary of Education.

§ 2000d–7. Civil rights remedies equalization
(a) General provision
(1) A State shall not be immune under the
Eleventh Amendment of the Constitution of the
United States from suit in Federal court for a
violation of section 504 of the Rehabilitation Act
of 1973 [29 U.S.C. 794], title IX of the Education
Amendments of 1972 [20 U.S.C. 1681 et seq.], the
Age Discrimination Act of 1975 [42 U.S.C. 6101 et
seq.], title VI of the Civil Rights Act of 1964 [42
U.S.C. 2000d et seq.], or the provisions of any
other Federal statute prohibiting discrimination
by recipients of Federal financial assistance.
(2) In a suit against a State for a violation of
a statute referred to in paragraph (1), remedies
(including remedies both at law and in equity)
are available for such a violation to the same
extent as such remedies are available for such a
violation in the suit against any public or private entity other than a State.
(b) Effective date
The provisions of subsection (a) of this section
shall take effect with respect to violations that
occur in whole or in part after October 21, 1986.
(Pub. L. 99–506, title X, § 1003, Oct. 21, 1986, 100
Stat. 1845.)
REFERENCES IN TEXT
The Education Amendments of 1972, referred to in
subsec. (a)(1), is Pub. L. 92–318, June 23, 1972, 86 Stat.
235, as amended. Title IX of the Act, known as the
Patsy Takemoto Mink Equal Opportunity in Education
Act, is classified principally to chapter 38 (§ 1681 et seq.)
of Title 20, Education. For complete classification of
title IX to the Code, see Short Title note set out under
section 1681 of Title 20 and Tables.
The Age Discrimination Act of 1975, referred to in
subsec. (a)(1), is title III of Pub. L. 94–135, Nov. 28, 1975,
89 Stat. 728, as amended, which is classified generally
to chapter 76 (§ 6101 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 6101 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec.
(a)(1), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as
amended. Title VI of the Civil Rights Act of 1964 is classified generally to this subchapter (§ 2000d et seq.). For
complete classification of this Act to the Code, see
Short Title note set out under section 2000a of this title
and Tables.
CODIFICATION
Section was enacted as part of the Rehabilitation Act
Amendments of 1986, and not as part of the Civil Rights
Act of 1964, title VI of which comprises this subchapter.

SUBCHAPTER VI—EQUAL EMPLOYMENT
OPPORTUNITIES
§ 2000e. Definitions
For the purposes of this subchapter—
(a) The term ‘‘person’’ includes one or more
individuals, governments, governmental agen-

Page 3862

cies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock
companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11,
or receivers.
(b) The term ‘‘employer’’ means a person engaged in an industry affecting commerce who
has fifteen or more employees for each working day in each of twenty or more calendar
weeks in the current or preceding calendar
year, and any agent of such a person, but such
term does not include (1) the United States, a
corporation wholly owned by the Government
of the United States, an Indian tribe, or any
department or agency of the District of Columbia subject by statute to procedures of the
competitive service (as defined in section 2102
of title 5), or (2) a bona fide private membership club (other than a labor organization)
which is exempt from taxation under section
501(c) of title 26, except that during the first
year after March 24, 1972, persons having fewer
than twenty-five employees (and their agents)
shall not be considered employers.
(c) The term ‘‘employment agency’’ means
any person regularly undertaking with or
without compensation to procure employees
for an employer or to procure for employees
opportunities to work for an employer and includes an agent of such a person.
(d) The term ‘‘labor organization’’ means a
labor organization engaged in an industry affecting commerce, and any agent of such an
organization, and includes any organization of
any kind, any agency, or employee representation committee, group, association, or plan so
engaged in which employees participate and
which exists for the purpose, in whole or in
part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay,
hours, or other terms or conditions of employment, and any conference, general committee,
joint or system board, or joint council so engaged which is subordinate to a national or
international labor organization.
(e) A labor organization shall be deemed to
be engaged in an industry affecting commerce
if (1) it maintains or operates a hiring hall or
hiring office which procures employees for an
employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate
number of the members of such other labor organization) is (A) twenty-five or more during
the first year after March 24, 1972, or (B) fifteen or more thereafter, and such labor organization—
(1) is the certified representative of employees under the provisions of the National
Labor Relations Act, as amended [29 U.S.C.
151 et seq.], or the Railway Labor Act, as
amended [45 U.S.C. 151 et seq.];
(2) although not certified, is a national or
international labor organization or a local
labor organization recognized or acting as
the representative of employees of an employer or employers engaged in an industry
affecting commerce; or