# What the Equity and Inclusion Enforcement Act Does

This bill makes it easier for individuals to sue organizations that receive federal funding if they believe those organizations are engaging in practices that have a discriminatory effect, even if discrimination wasn't intentional. Right now, there's a legal gray area about whether people can bring these kinds of lawsuits. This bill clarifies that they can, specifically in cases involving what's called "disparate impact"—situations where a policy or practice looks neutral on the surface but ends up harming people from certain racial or ethnic groups disproportionately. For example, if a school's discipline policy is applied in a way that results in students of color being suspended at much higher rates than white students, this bill would give families the right to take legal action.

The bill also requires schools and other organizations that get federal money to designate at least one employee as a compliance coordinator. This person's job would be to make sure the organization follows civil rights laws and to handle complaints about discrimination. Schools would have to tell students and employees who this coordinator is and how to contact them. This creates a clear point of contact for people who believe they're being treated unfairly.

Finally, the bill creates a new position in the Department of Education called the Special Assistant for Equity and Inclusion. This official would work to ensure schools and other education programs that receive federal funding are following civil rights laws. They'd also help spread information about people's rights under these laws and provide technical assistance to schools trying to comply. Essentially, this bill strengthens enforcement of existing civil rights protections by making it easier for people to challenge discriminatory practices and by creating dedicated staff to oversee compliance.

Equity and Inclusion Enforcement Act of 2023

Scott, Robert C. "Bobby"

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.