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What Are Title XI, Title VII, Title IX, Section 504, And The Americans With Disabilities Act?

If you have questions about Title XI, Title VI, Title VII, Section 504, and the Americans with Disabilities Act, you aren’t alone.

In this post, the K Altman Law team shares information about nondiscrimination laws, including Title VI of the Civil Rights Act of 1964 (the federal law prohibiting discrimination on the basis of national origin, race, or color of a person); Education Amendments of 1972 (the federal law prohibiting discrimination on the basis of gender); Section 504 (The Rehabilitation Act of 1973); and the Americans with Disabilities Act of 1990 (ADA, federal law prohibiting discrimination against disabled people) in educational programs or activities that receive funding from the United States Government.

Schools in the United States strive to create and maintain environments in which students from different backgrounds can flourish. In order to make educational programs, activities, and services accessible to all students and employees, a safe environment must be created. The law says that these programs should not permit bullying, discrimination, intimidation, harassment, or other misconduct based on another party’s perceived/actual ancestry, color, gender (or gender identity, expression), mental and/or physical disability, parental status, marital status, age, race, ethnicity, sex or sexual orientation, religion, nationality, or the perception of any of these characteristics.

Let’s discuss Title VI (Title VII), Title IX, Section 504, and the ADA.

What is Title VI?

In Title VI, it is forbidden to discriminate against anyone because of their national origin, race, or color, in any activity or program receiving money from the U.S. government (or federal assistance).

Under Title VI, discrimination, procedures, and any other means used to discriminate against others (even those that appear to be neutral, but end up discriminating against individuals based on their national origin, race, or color) are prohibited.

How Does Title VII Differ from Title VI?

Title VI prohibits discrimination on the basis of national origin, race, or color in federally funded and assisted educational institutions… In comparison, Title VII prohibits the discrimination of people in the workplace on the basis of national origin, race, or color.

What’s Title IX?

Title IX of the Educational Amendment of 1972 affects both students and educators. In the United States, no one should be denied access to programs, services, or activities because of their sex if the institution receives federal funds or financial assistance from the United States government. The term sexual discrimination also covers sexual violence and harassment under Title IX. Sexual harassment is defined as conduct based on sex that meets at least one of the following criteria:

  • A school employee who receives aid, service, or benefit from the participation of a student in an unwelcome activity.

  • A sexual act which, in the opinion of a reasonable individual, is “objectively, seriously, and pervasively” offensive to the extent that it basically denies an individual’s access to the educational program or activity of the federally funded institution.

  • The Clery Act defines sexual assault as stalking, dating violence, domestic violence, or as defined under the Violence Against Women Act (VAWA).

What Rights and Protections Are Available Under Title IX?

Title IX offers protection against discrimination on the basis of gender to qualified individuals. A program or activity that receives federal funds and/or financial assistance may not deny or cause anyone to be excluded from participation, face discrimination, be denied benefits, or be discriminated against under Title IX.

Sexual violence and sexual harassment are both considered forms of discrimination under the law.

What is Section 504?

Similarly, Section 504 protects the rights of individuals with disabilities in activities and programs that receive federal financial assistance from the U.S. Department of Education. According to Section 504, no otherwise qualified individual with a disability in the United States can be discriminated against due to their disability.

Regardless of the severity or nature of the student’s disability, a school district must provide a “free appropriate public education,” or FAPE, to qualified students with one or more disabilities. FAPE states that the student must be provided with aids and services to meet the individual/educational needs of the student.

What is the Americans with Disabilities Act (ADA)?

In 1990, the Americans with Disabilities Act (ADA) became law. Disability discrimination is prohibited in every area of public life, for example, work, school, transportation, and any/all private or public places open to the general public. The purpose of ADA is to ensure that people with disabilities have the same opportunities and rights as their non-disabled counterparts.

As a result, people with disabilities have the same civil rights protections offered to people of all racial, ethnic, cultural, and religious backgrounds.

ADA guarantees equal access to public accommodations, local and government services, employment, telecom, and transportation for disabled people.

K Altman Law’s team of education and legal experts understand these important federal laws. If you or someone you care about is concerned about discrimination at work or at school, you need an experienced lawyer. Call 248-987-8829 or email Keith Altman to request a case evaluation now.

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