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 VI.

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 subsidies.

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 security payments].

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 such program.

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 agent’s 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
proprietorship;

1. if assistance is extended to such corporation, partnership, private organization, or
sole proprietorship as a whole; or

2. which is principally engaged in the business of providing education, health care,
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 corporation,
partnership, private organization, or sole proprietorship;

Any part which is extended Federal financial assistance.