PolicyBrief
H.R. 3606
119th CongressMay 23rd 2025
Equity and Inclusion Enforcement Act of 2025
IN COMMITTEE

This Act restores the right to sue over disparate impact discrimination under Title VI, mandates equity compliance officers in federally funded schools, and establishes a Special Assistant for Equity and Inclusion within the Department of Education.

Robert "Bobby" Scott
D

Robert "Bobby" Scott

Representative

VA-3

LEGISLATION

New Civil Rights Bill Restores Right to Sue Over Unfair Outcomes, Mandates School Compliance Officers

The “Equity and Inclusion Enforcement Act of 2025” is a major update to how civil rights laws are enforced, particularly for programs that get federal money. Essentially, this bill is focused on making it easier to hold institutions accountable when their policies—even if well-intentioned—end up hurting specific groups of people based on race, color, or national origin.

The Right to Sue Over Unfair Outcomes is Back

Section 2 of this Act is the biggest change, and it deals with something called “disparate impact.” Imagine a school district changes its bus routes, and the new routes disproportionately leave students of one specific racial group without reliable transportation. No one intended to discriminate, but the outcome is unfair. Before this bill, suing over these kinds of unintended but harmful outcomes under Title VI of the Civil Rights Act was complicated.

This bill restores the right to bring a civil action (meaning, you can sue) if a federally funded program violates a “disparate impact” regulation that was already in place as of January 19, 2025. This means that if a policy causes an unequal negative effect on a protected group, violating an existing rule, you can now take that institution to court just as if they had intentionally discriminated. This is a big deal for advocacy groups and individuals trying to challenge systemic issues where the harm is real, even if the intent wasn't malicious.

Your School Needs a Civil Rights Go-To Person

If you have kids in public school, or if you work at a college that receives federal funding, Section 3 is going to hit close to home. It mandates that any school or educational program receiving federal financial assistance from the Secretary of Education must designate at least one employee to be the official Title VI compliance coordinator. This person is the internal sheriff responsible for making sure the school follows all civil rights rules and handling any internal complaints.

Crucially, the school doesn't just have to pick someone; they have to publicly tell all students and employees exactly who this person is—name, office address, and phone number. This takes compliance out of the back office and puts a specific face and contact information on it. For a parent or student who feels they’ve been treated unfairly, this instantly clarifies the process: you know exactly who to call, rather than navigating a bureaucratic maze.

A New Equity Advisor at the Department of Education

Section 4 creates a brand-new, high-level position within the Department of Education: the Special Assistant for Equity and Inclusion. This person, appointed by the Secretary of Education, will be the department’s main strategist for everything related to Title VI enforcement. Think of them as the chief coordinator, making sure all the department’s programs are actually walking the talk when it comes to preventing discrimination based on race, color, or national origin.

Their job includes advising the Secretary, coordinating research, and providing technical assistance to schools and groups. This move signals that the Department of Education is prioritizing the enforcement of these civil rights laws, centralizing expertise, and making sure the rules are being applied consistently across the board. While this adds a layer of bureaucracy, it aims to streamline compliance efforts and ensure that the department is actively educating the public about their rights.