Title VI regulations allow discrimination suits on discriminatory effect while the statute demands intent

Evidence

The United States Supreme Court has ruled that a violation of the statute requires proof of discriminatory intent, whereas proof of discriminatory effect suffices to establish liability when the suit is brought to enforce regulations issued pursuant to the statute, rather than the statute itself. See Guardians Association v. Civil Service Common of New York, 463 U.S. 582, 591–93 (1983). — Luke W. Cole and Sheila R. Foster, From the Ground Up, 1007

Categorization

  • DEFINE: Clarifies the crucial legal asymmetry — plaintiffs sue under EPA’s Title VI regulations to avoid the discriminatory-intent bar documented in chapters 7 and 15.
  • XREF: Connects to the narrow-intent standard critique that is the stated spine of this course’s legal-systems thread; also the Guardians turn mentioned in chapter 7. — connects to: EJ litigants must sue under Title VI regulations, not the statute itself; Equal protection lawsuits over waste siting fail on the intent requirement — Luke W. Cole and Sheila R. Foster, From the Ground Up: Environmental…, 1121; The Supreme Court nearly abolished private suits under Title VI regulations — Luke W. Cole and Sheila R. Foster, From the Ground Up: Environmental…, 579 (+8 more)

Broader Connections