C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 42—NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND PROCEDURES › Subpart F—Coordination of Enforcement of Non-discrimination in Federally Assisted Programs

28 C.F.R. § 42.404

Guidelines

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(a) Federal agencies shall publish title VI guidelines for each type of program to which they extend financial assistance, where such guidelines would be appropriate to provide detailed information on the requirements of title VI. Such guidelines shall be published within three months of the effective date of this subpart or of the effective date of any subsequent statute authorizing federal financial assistance to a new type of program. The guidelines shall describe the nature of title VI coverage, methods of enforcement, examples of prohibited practices in the context of the particular type of program, required or suggested remedial action, and the nature of requirements relating to covered employment, data collection, complaints and public information.

(b) Where a federal agency determines that title VI guidelines are not appropriate for any type of program to which it provides financial assistance, the reasons for the determination shall be stated in writing and made available to the public upon request.

Notes of Decisions
Cited in 2 cases, 1996–2019 · leading case: Madison-Hughes v. Shalala, 80 F.3d 1121 (6th Cir. 1996).
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Madison-Hughes v. Shalala, 80 F.3d 1121 (6th Cir. 1996). · cites it 3× “Plaintiffs ignore 28 C.F.R. § 42.404 (a), which specifies that the guidelines, under which the collection of data shall be provided for, are committed to agency discretion.”
SurvJustice Inc v. Devos (N.D. Cal. 2019). · cites it 2× “1, 1976) (codified at 28 C.F.R. § 42.404 (a))).) 7 Plaintiffs assert that DOJ has provided “examples of guidelines in agency instructions, handbooks, 8 and manuals, but nowhere suggested that guidelines must be published in the Federal Register.”
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