Who are considered persons under Title VI?
All citizens are considered persons under Title VI. The Supreme
Court has held that undocumented aliens are considered persons
under the equal protection clauses of the Fifth and Fourteenth Amendments.
Rights protected by Title VI are analogous to such protections under
the Fifth and Fourteenth Amendments and the cases provide persuasive
authority to the scope of persons protected by Title
Does federal financial assistance include more than money?
The clearest example is an award or grant of money. Federal financial
assistance may include use or rent of Federal land or property below
market value, Federal training, a loan of Federal personnel, and
Federal financial assistance does not cover contracts of guarantee
or insurance, licenses, procurement contracts by the Federal government
at market value, or programs that provide direct benefits [social
Does Title VI cover indirect Federal financial assistance?
University and Colleges receive Federal financial assistance when
students pay, in part, with Federal financial assistance directly
distributed to students.
What is recipient?
The term recipient means any State, political subdivision of any
State, or instrumentality of any State or political subdivision,
any public or private agency, institution, or organization, other
entity, or any individual, in any State to whom Federal financial
assistance is extended, directly or through another recipient, for
any program, including any successor, assign, or transferee thereof,
but such term does not include any ultimate beneficiary under any
What is a primary recipient?
The term primary recipient means any recipient which is authorized
or required to extend Federal financial assistance to another recipient
for the purpose of carrying out a program.
Who is a sub recipient?
A sub recipient receives assistance from a primary recipient to
carry out a program. Both the primary recipient and sub recipient
are covered by and must conform to the federal regulations pertaining
to Title VI.
Can a recipient absolve itself of Title VI compliance by employing
a contractor or agent to perform or deliver assistance to a beneficiary?
The recipient is liable under Title VI for the contractor or agents
action in carrying out the program.
What is meant by the term program or activity?
The term encompasses the entire institution receiving Federal financial
assistance. For example, all of the programs or activities of a
state agency are subject to Title VI even though it only is part
of the total budget. The law is applied institution-wide. The Civil
Rights Restoration Act of 1987 amended Title VI and related statutes
by adding a broad definition of program or activity.
Are corporations and private entities covered?
The term program or activity and the term program
mean all of the operations of----
[A] An entire corporation, partnership, or other private organization,
or an entire sole
1. if assistance is extended to such corporation, partnership, private
sole proprietorship as a whole; or
2. which is principally engaged in the business of providing education,
housing, social services, or parks and recreation; or
[B] the entire plant or other comparable, geographically separate
facility to which
Federal financial assistance is extended, in the case of any other
partnership, private organization, or sole proprietorship;
Any part which is extended Federal financial assistance.