C.F.R. » Title 34 » CHAPTER I—OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION › PART 100—NONDISCRIMINATION UNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE THROUGH THE DEPARTMENT OF EDUCATION EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

34 C.F.R. § 100.3

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 part applies.

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

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

(ii) Provide any service, financial aid, or other 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 service, financial aid, or other benefit under the program;

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

(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) A recipient, in determining the types of services, financial aid, or other benefits, or facilities which will be provided under any such program, or the class of individuals to whom, or the situations in which, such services, financial aid, other benefits, or facilities will be provided under any such program, or the class of individuals to be afforded an opportunity to participate in any such program, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respect individuals of a particular race, color, or national origin.

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

(4) As used in this section, the services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any service, financial aid, or other benefits provided in or through a facility provided with the aid of Federal financial assistance.

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

(6)(i) In administering a program regarding which the recipient has previously discriminated against persons on the ground of race, color, or national origin, the recipient must take affirmative action to overcome the effects of prior discrimination.

(ii) Even in the absence of such prior discrimination, a recipient in administering a program may take affirmative action to overcome the effects of conditions which resulted in limiting participation by persons of a particular race, color, or national origin.

(c) Employment practices. (1) Where a primary objective of the Federal financial assistance to a program to which this regulation applies is to provide employment, a recipient may not (directly or through contractual or other arrangements) subject an 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), including programs where a primary objective of the Federal financial assistance is (i) to reduce the employment of such individuals or to help them through employment to meet subsistence needs, (ii) to assist such individuals through employment to meet expenses incident to the commencement or continuation of their education or training, (iii) to provide work experience which contributes to the education or training of such individuals, or (iv) to provide remunerative activity to such individuals who because of handicaps cannot be readily absorbed in the competitive labor market. The following, under existing laws, have one of the above objectives as a primary objective:

(A) Projects under the Public Works Acceleration Act, Pub. L. 87-658, 42 U.S.C. 2641-2643.

(B) Work-study under the Vocational Education Act of 1963, as amended, 20 U.S.C. 1371-1374.

(C) Programs assisted under laws listed in appendix A as respects employment opportunities provided thereunder, or in facilities provided thereunder, which are limited, or for which preference is given, to students, fellows, or other persons in training for the same or related employments.

(D) Assistance to rehabilitation facilities under the Vocational Rehabilitation Act, 29 U.S.C. 32-34, 41a and 41b.

(2) 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.

(3) Where a primary objective of the Federal financial assistance is not to provide employment, but discrimination on the ground of race, color, or national origin in the employment practices of the recipient or other persons subject to the regulation tends, on the ground of race, color, or national origin, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program to which this regulation applies, the foregoing provisions of this paragraph (c) shall apply to the employment practices of the recipient or other persons subject to the regulation, to the extent necessary to assure equality of opportunity to, and nondiscriminatory treatment of, beneficiaries.

(d) Indian health and Cuban refugee services. An individual shall not be deemed subjected to discrimination by reason of his exclusion from benefits limited by Federal law to individuals of a particular race, color, or national origin different from his.

(e) Medical emergencies. Notwithstanding the foregoing provisions of this section, a recipient of Federal financial assistance shall not be deemed to have failed to comply with paragraph (a) of this section if immediate provision of a service or other benefit to an individual is necessary to prevent his death or serious impairment of his health, and such service or other benefit cannot be provided except by or through a medical institution which refuses or fails to comply with paragraph (a) of this section.

(Authority: Sec. 601, 602, 604, Civil Rights Act of 1964; 78 Stat. 252, 253, 42 U.S.C. 2000d, 2000d-1, 2000d-3) [45 FR 30918, May 9, 1980, as amended at 65 FR 68053, Nov. 13, 2000]
Notes of Decisions
Cited in 75 cases (6 in the last 5 years), 1982–2024 · leading case: Blunt v. Lower Merion School District
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Blunt v. Lower Merion School District (2014) ca3 · cites it 2× “of any service, financial aid, or other benefit under the program; (iv) Restrict an individual in any way in the 50 enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program; (v) Treat an individual…”
Campaign for Fiscal Equity, Inc. v. State (1995) ny · cites it 5× “) and the United States Department of Education's regulations implementing title VI (34 CFR 100.3 [b] [2]). Three defendants — the State of New York, the Senate Majority Leader, and the Assembly Minority Leader — brought the instant motion to dismiss under CPLR 3211 (a) (3) and…”
Zeno v. Pine Plains Central School District (2012) ca2 · cites it 3× “34 C.F.R. § 100.3 (b)(l)(iv); see also id.”
Peters v. Jenney (2003) ca4 · cites it 6× “34 C.F.R. § 100.3 . The regulations further require "affirmative action to over- come the effects of prior discrimination," 34 C.”
Lucero Ex Rel. Lucero v. Detroit Public Schools (2001) mied · cites it 4× “Plaintiffs, secondly, contend that the regulations are sufficiently defined to allow for judicial review citing 34 C.F.R. § 100.3 (b)(2)-(3): (2) A recipient, in determining the types of services, financial aid, or other benefits, or facilities which will be provided under any…”
Guardians Assn. v. Civil Serv. Comm'n of New York City (1983) scotus · cites it 2× “, 34 CFR § 100.3 (b)(6) (1982) (Dept, of Education); 24 CFR § 1.”
North Haven Board of Education v. Bell (1982) scotus · cites it 2× “34 CFR § 100.3 (c) (1980). In response, the Attorney General, to whom the President has delegated the authority given him by § 902 to approve regulations promulgated pursuant to Title IX, refused to approve the Department's suggestion and continues to defend the existing…”
Paynter v. State (2001) nyappdiv · cites it 13× “In addition, they assert a cause of action alleging, inter alia, an intentional discrimination claim under title VI of the Civil Rights Act of 1964 ([title VI] 42 USC § 2000d), a disparate impact claim under regulations implementing title VI (34 CFR 100.3 [b] [2]), and a 42 USC…”
Jorge Gomez v. Illinois State Board of Education and Ted Sanders, in His Official Capacity as Illinois State Superintend (1987) ca7 · cites it 2× “) and its regulations, 34 C.F.R. § 100.3 et seq. The plaintiffs, after alleging that they had no adequate remedy at law, sought declaratory and injunctive relief, as well as costs and attorney’s fees under 42 U.”
Campaign for Fiscal Equity, Inc. v. State (2003) ny · cites it 2× “Plaintiffs additionally claim that the State's method of school funding in New York City violates their rights under United States Department of Education regulations pursuant to title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq.”
United States v. Fordice (1992) scotus · cites it 2× “" 34 CFR § 100.3 (b)(6)(i) (1991). Our cases make clear, and the parties do not disagree, that the reach of Title VI's protection extends no further than the Fourteenth Amendment.”
Johnson v. Galen Health Institutes, Inc. (2003) kywd · cites it 3× “34 C.F.R. § 100.3 . The regulations further require “affirmative action to overcome the effects of prior discrimination,” 34 C.”
Show all 75 citing cases →
— 34 C.F.R. § 100.3(2) — 1 case
Lucero Ex Rel. Lucero v. Detroit Public Schools (2001) mied “Plaintiffs, secondly, contend that the regulations are sufficiently defined to allow for judicial review citing 34 C.F.R. § 100.3 (b)(2)-(3): (2) A recipient, in determining the types of services, financial aid, or other benefits, or facilities which will be provided under any…”
— 34 C.F.R. § 100.3(b)(2) — 8 cases
David Powell Shelean Parks Patrice Everage Julia A. Davis Yvette Bland Geraldine Newton Maria M. Rivera Mary E. Miller G (1999) ca3
Coalition to Defend Affirmative Action v. Regents of the University of Michigan (2008) mied
Larry v. Riles (1986) ca9
Boston's Children First v. City of Boston (1999) mad
Valeria G. v. Wilson (1998) cand
— 34 C.F.R. § 100.3(b)(6)(ii) — 1 case
Boston's Children First v. City of Boston (1999) mad
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.