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Disparate treatment (also called intentional discrimination) happens under Title VI when similarly situated persons are treated differently because of their race, color, or national origin by a recipient of federal funds directly or through contractual or other arrangements.
Direct evidence often involves a statement from a decision-maker that expresses a discriminatory motive. Direct evidence can also include express or admitted classifications, in which a recipient explicitly distributes benefits or burdens based on race, color, or national origin.
However, discrimination is a state of mind and, therefore, notoriously hard to prove. Sophisticated employers are well aware that discrimination is illegal. Thus, most cases are established through circumstantial evidence.
Before you can file a discrimination lawsuit, you must first do what is called “exhaust administrative remedies.” This could include filing a claim directly with the school or with the U.S. Department of Education Office of Civil Rights.
Discrimination is what happens to people when they are treated differently because of the color of their skin, the country they were born in, their age, their physical or mental disabilities, their height or weight, the religion they practice, or because they are boys or girls.
Legally, the term “discrimination” covers only actions that are taken against people because they belong to certain protected classes such as age, gender, race, and the many others that will be discussed in detail throughout this chapter.
A written complaint to OSPI must include the following information: A description the conduct or incident—use facts (what, who and when) An explanation of why you believe unlawful discrimination has taken place. Your name and contact information, including a mailing address.
Title VI, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.
A Title VI discriminatory intent claim alleges that a recipient intentionally treated persons differently or otherwise knowingly caused them harm because of their race, color, or national origin.