C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 42—NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND PROCEDURES › Subpart C—Nondiscrimination in Federally Assisted Programs—Implementation of Title VI of the Civil Rights Act of 1964 1

28 C.F.R. § 42.104

Discrimination prohibited

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(a) General. 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 otherwise subjected to discrimination under any program to which this subpart applies.

(b) Specific discriminatory actions prohibited. (1) A recipient to which this subpart applies may not, directly or through contractual or other arrangements, on the ground of race, color, or national origin:

(i) Deny an individual any disposition, service, financial aid, or benefit provided under the program;

(ii) Provide any disposition, service, financial aid, or benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program;

(iii) Subject an individual to segregation or separate treatment in any matter related to his receipt of any disposition, service, financial aid, or benefit under the program;

(iv) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any disposition, service, financial aid, or benefit under the program;

(v) Treat an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any disposition, service, financial aid, function or benefit provided under the program; or

(vi) Deny an individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others under the program (including the opportunity to participate in the program as an employee but only to the extent set forth in paragraph (c) of this section).

(vii) Deny a person the opportunity to participate as a member of a planning or advisory body which is an integral part of the program.

(2) [Reserved]

(3) In determining the site or location of facilities, a recipient or applicant may not make selections with the purpose of excluding individuals from, denying them the benefits of, or subjecting them to discrimination under any program to which this subpart applies, on the ground of race, color, or national origin; or with the purpose of defeating or substantially impairing the accomplishment of the objectives of the Act or this subpart.

(4) For the purposes of this section the disposition, services, financial aid, or benefits provided under a program receiving Federal financial assistance shall be deemed to include all portions of the recipient's program or activity, including facilities, equipment, or property provided with the aid of Federal financial assistance.

(5) The enumeration of specific forms of prohibited discrimination in this paragraph and in paragraph (c) of this section does not limit the generality of the prohibition in paragraph (a) of this section.

(c) Employment practices. Whenever a primary objective of the Federal financial assistance to a program to which this subpart applies is to provide employment, a recipient of such assistance may not (directly or through contractual or other arrangements) subject any individual to discrimination on the ground of race, color, or national origin in its employment practices under such program (including recruitment or recruitment advertising, employment, layoff or termination, upgrading, demotion or transfer, rates of pay or other forms of compensation, and use of facilities). That prohibition also applies to programs as to which a primary objective of the Federal financial assistance is to assist individuals, through employment, to meet expenses incident to the commencement or continuation of their education or training, or to provide work experience which contributes to the education or training of the individuals involved. The requirements applicable to construction employment under any such program shall be those specified in or pursuant to part III of Executive Order 11246 or any Executive order which supersedes it.

[Order No. 365-66, 31 FR 10265, July 29, 1966, as amended by Order No. 519-73, 38 FR 17955, July 5, 1973; Order No. 2679-2003, 68 FR 51364, Aug. 26, 2003; Order No. 6509-2025, 90 FR 57148, Dec. 10, 2025]
Notes of Decisions
Cited in 49 cases (6 in the last 5 years), 1979–2024 · leading case: David K. v. Michael Lane, Dir., Illinois Dep't of Corr., 839 F.2d 1265 (7th Cir. 1988).
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David K. v. Michael Lane, Dir., Illinois Dep't of Corr., 839 F.2d 1265 (7th Cir. 1988). · cites it 10× “49 In their complaint, plaintiffs alleged that the administration violated 28 CFR 42.104, a federal regulation prohibiting discrimination in any program receiving federal funds.”
Jackson v. Birmingham Bd. of Educ., 544 U.S. 167 (2005). · cites it 2× “" 28 CFR § 42.104 (b)(2) (1999). The Sandoval petitioners brought suit to enjoin an English-only policy of the Alabama Department of Public Safety on grounds that it disparately impacted non-English speakers in violation of the regulations.”
Guardians Assn. v. Civil Serv. Comm'n of New York City, 463 U.S. 582 (1983). · cites it 3× “of Health and Human Services); 28 CFR § 42.104 (b)(6) (1982) (Dept. of Justice); 29 CFR § 31.”
Alexander v. Sandoval, 532 U.S. 275 (2001). “" 28 CFR § 42.104 (b)(2) (2000). See also 49 CFR § 21.”
Sandoval v. Hagan, 197 F.3d 484 (11th Cir. 1999). · cites it 4× “5 (b)(2)(DOT); 28 C.F.R. § 42.104 (b)(2)(DOJ) (same). Indeed, the Department of Justice, the principal federal agency for coordinating Title VI requirements, 6 also has promulgated a longstanding regulation instructing all executive agencies on when grant recipients must provide…”
Jackson v. Birmingham Bd. of Educ., 309 F.3d 1333 (11th Cir. 2002). · cites it 3× “2d 661 (1985), the plaintiff in Sandoval alleged that Alabama’s restriction violated 28 C.F.R. § 42.104 (b)(2), a Department of Justice regulation promulgated pursuant to § 602 of Title VI, 6 that forbids recipients of federal funding from “utiliz[ing] criteria or methods of…”
Brian Davis v. Charles Samuels, Jr., 962 F.3d 105 (3rd Cir. 2020). “6 (prohibiting discrimination in use of facilities that are “of a public nature”); 28 C.F.R. §42.104 (prohibiting discrimination in programs receiving federal financial assistance); article I, section 26 (misidentified as Article I, Section VI in the Amended Complaint) of the…”
Off. Plan. Grp., Inc v. Baraga-Houghton-Keweenaw Child Dev. Bd., 697 N.W.2d 871 (Mich. 2005). · cites it 2× “The Department of Justice adopted regulations pursuant to § 602 that forbid funding recipients from adopting policies that created a disparate impact on individuals because of their race, color, or national origin.”
South Camden Citizens in Action v. New Jersey Dep't of Env't Prot., 145 F. Supp. 2d 505 (D.N.J. 2001). · cites it 4× “See 28 C.F.R. § 42.104 (b)(2) (DOJ regulations) and 49 C.”
In re: Courtney Wild, 994 F.3d 1244 (11th Cir. 2021). “at 278 (quoting 28 C.F.R. § 42.104 (b)(2) (2000)). The Alabama Department of Public Safety accepted federal funding from the DOJ thereby subjecting itself to the provisions of Title VI.”
Lee v. Cline, 863 A.2d 297 (Md. 2004). “§ 2000d and 28 C.F.R. § 42.104 (b)(2). He also asserted that the “Defendants’ acts were done with malice [and] deliberate indifference to and in knowing violation of Plaintiffs’ legal and constitutional rights----” In addition, Lee alleged that the Maryland State Police…”
Mark H. Ex Rel. Michelle H. v. Lemahieu, 513 F.3d 922 (9th Cir. 2008). “In contrast, the § 504 FAPE regulations encompass several provisions, the central requirement being that disabled children must be provided an “education and related aids and services that (i) are designed to meet individual educational needs of handicapped persons as adequately…”
Show all 49 citing cases →
— 28 C.F.R. § 42.104(b)(2) — 3 cases
Off. Plan. Grp., Inc v. Baraga-Houghton-Keweenaw Child Dev. Bd., 697 N.W.2d 871 (Mich. 2005). “The Department of Justice adopted regulations pursuant to § 602 that forbid funding recipients from adopting policies that created a disparate impact on individuals because of their race, color, or national origin.”
Hunt, Governor of North Carolina v. Cromartie, 532 U.S. 234 (2001).
Sandoval v. Hagan, 197 F.3d 484 (11th Cir. 1999).
— 28 C.F.R. § 42.104(b)(vii)(2) — 1 case
David K. v. Michael Lane, Dir., Illinois Dep't of Corr., 839 F.2d 1265 (7th Cir. 1988). “49 In their complaint, plaintiffs alleged that the administration violated 28 CFR 42.104, a federal regulation prohibiting discrimination in any program receiving federal funds.”
— 28 C.F.R. § 42.104(d) — 1 case
David K. v. Michael Lane, Dir., Illinois Dep't of Corr., 839 F.2d 1265 (7th Cir. 1988). “49 In their complaint, plaintiffs alleged that the administration violated 28 CFR 42.104, a federal regulation prohibiting discrimination in any program receiving federal funds.”
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