# Understanding the Equity and Inclusion Enforcement Act of 2021

This bill makes it easier for individuals to sue organizations that receive federal funding if those organizations have policies or practices that unintentionally discriminate against people based on race, color, or national origin. Right now, people can only sue for intentional discrimination. This bill would expand that right to include situations where a policy seems neutral on the surface but actually has a discriminatory effect—for example, if a school's discipline policy is applied in a way that disproportionately harms students of color, even if that wasn't the stated intent.

The bill focuses primarily on schools and educational institutions that receive federal money. It requires these schools to designate at least one employee as a compliance coordinator who handles discrimination complaints and ensures the school follows civil rights rules. Schools must also publicly post this person's contact information so students and staff know who to reach out to if they believe they're being treated unfairly. Additionally, the bill creates a new position in the Department of Education called the Special Assistant for Equity and Inclusion, whose job is to help schools understand and follow civil rights laws, provide technical assistance, and make sure people know their rights.

The practical effect is that schools and other federally-funded organizations would face greater accountability for policies that have unequal impacts on different groups, and individuals would have a clearer path to challenge those policies in court. This could lead to changes in how schools handle discipline, admissions, hiring, and other practices if those practices disproportionately affect certain racial or ethnic groups.

Equity and Inclusion Enforcement Act of 2021

Scott, Robert C. "Bobby"

Equity and Inclusion Enforcement Act of 2021 This bill authorizes private civil causes of action for disparate impact violations (to the same extent as intentional violations) of federal regulations of general applicability that prohibit discrimination on the ground of race, color, or national origin in programs or activities receiving federal financial assistance. Education programs that receive financial assistance authorized or extended by the Department of Education (ED) must designate at least one compliance coordinator to carry out these nondiscrimination 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.