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Private Enforcement of Regulations Promulgated by the Secretary of Transportation to Effectuate Title VI of the Civil Rights Act
Sec. [ tbd ]. Private Enforcement of Regulations Promulgated by the Secretary of
Transportation to Effectuate Title VI of the Civil Rights Act of 1964.
(a) Definition. In this section, "recipient" includes, but is not limited to, any
State, territory, possession, the District of Columbia, or Puerto Rico, or any
political subdivision thereof, or instrumentality thereof, any public or private
agency, institution, or organization, or other entity, or any individual, in any State,
territory, possession, the District of Columbia, or Puerto Rico, receiving Federal
financial assistance from the Department of Transportation directly or through
another recipient, for any project, program or activity, including any successor,
assignee, or transferee thereof, but such term does not include any ultimate
beneficiary under any such project, program or activity.
(b) Private right of action. Any person aggrieved by the failure of a recipient to
comply with any regulation, or part thereof, prohibiting discrimination,
promulgated by the Secretary of Transportation to effectuate Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), may bring a civil action in any
Federal or State Court of competent jurisdiction to enforce such regulation, or part
thereof.
(c) Right of recovery.
(1) In an action brought by an aggrieved person pursuant to subsection (b), the
aggrieved person may recover --
(A) if the claim is based on evidence of intentional discrimination, equitable and
legal relief, including compensatory and punitive damages, reasonable attorney's
fees, including expert fees, and costs, except that punitive damages are not
available against a government, government agency, or political subdivision;
(B) if the claim is based on evidence of disparate impact discrimination, equitable
relief, reasonable attorney's fees, including expert fees, and costs.
| Attachment | Size |
|---|---|
| Revised Title VI bill languge 11-4-09.pdf | 29.17 KB |

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