Sec. 103. Amendments to title VI of the Civil Rights Act of 1964

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Section 602 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–1 ) is amended— by striking Each Federal department inserting the following subsection: Each Federal department ; and by adding at the end the following new subsection: In an action pursuant to subsection

(c)of this section, a recipient shall be liable for harassment on the basis of race, color, or national origin as follows: Subject to subparagraph (C), a recipient is liable if its agent, employee, or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s program or activity, engages in harassment on the basis of race, color, or national origin against a person who participates in or receives any benefit, service, or opportunity from such program or activity, or who attempts to receive such benefit, service, or opportunity, regardless of where the harassment occurs, if— the harassment is enabled or assisted by the authority exercised as an employee, agent, or other authorized person of the recipient; or the recipient receives notice of the harassment. Subject to subparagraph (C), a recipient is liable for harassment on the basis of race, color, or national origin if a person who is not its agent, employee, or other authorized person, engages in harassment on the basis of race, color, or national origin against a person who is participating in or receiving any benefit, service, or opportunity from a program or activity receiving Federal financial assistance, or who is attempting to do so, regardless of where the harassment occurs, if the recipient receives notice of the harassment. A recipient is not liable in a private action for damages under subparagraph

(A)or

(B)for harassment on the basis of race, color, or national origin, if the recipient demonstrates that it exercised reasonable care to prevent harassment on the basis of race, color, or national origin, and promptly remedied the effects of the harassment at issue, including through a demonstration by the recipient that it— established, adequately publicized, and enforced an effective and comprehensive harassment prevention policy, training, and complaint procedure that is likely to provide redress and avoid harm without exposing the person subjected to the harassment to undue risk, effort, or expense; if requested by such person, or otherwise necessary to protect that person or other persons within the program or activity from a significant ongoing threat, undertook a prompt, thorough, and impartial investigation of the harassment at issue; provided supportive measures that had the purpose and effect of preserving and restoring the aggrieved person’s equal access to the benefits or opportunities of the program or activity receiving Federal financial assistance, regardless of whether the aggrieved person requested an investigation; and took other necessary, prompt, and appropriate corrective action designed to stop the harassment and remedy its effects. A showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by subclauses (I), (II), (III), and

(IV)of clause (i). A recipient receives notice of harassment on the basis of race, color, or national origin when any of the following individuals knew or, in the exercise of reasonable care, should have known about the harassment: An agent, employee, or other authorized person of the recipient who has the authority to take action to redress the harassment. An agent, employee, or other authorized person of the recipient who has the responsibility to report to an administrator harassment or similar misconduct by others. An agent, employee, or other authorized person of the recipient to whom an individual has made a report of harassment based on the reasonable belief that the agent, employee, or other authorized person is an individual described in clause

(i)or (ii). In this section: The term harassment on the basis of race, color, or national origin means a form of discrimination on the basis of race, color, or national origin that alters a person’s ability to participate in or receive any benefit, service, or opportunity from a program or activity receiving Federal financial assistance, including by creating an intimidating, hostile, or offensive environment. The term recipient means an entity described in any of paragraphs

(1)through

(4)of section 606, and any entity that exercises controlling authority over such entities. Any person aggrieved by the failure of a recipient to comply with this title, including any regulation promulgated pursuant to this title, may bring a civil action in any court of competent jurisdiction. In an action brought against a recipient by or on behalf of an aggrieved person, the aggrieved person may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney’s fees (including expert fees). .

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42 USC 2000d–1

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Sec. 103

Amendments to title VI of the Civil Rights Act of 1964

Cite42 USC 2000d–1

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