Since direct Title VI disparate impact suits are barred, encourage creative litigation using other laws or doctrines.
Pursue near-term accountability by supporting carefully selected cases under other statutes (like Title IX or disability laws) and under state anti-discrimination frameworks where disparate impact claims are viable. Use litigation to build a factual record, win remedies, and show that disparate impact enforcement can work while the federal gap persists after Sandoval. Treat this as a complement—not a substitute—for the federal legislative and agency tracks.
Why this works
- This can provide relief in certain cases now.
- E.g., a state like California (despite Prop 209 on race, some states have robust anti-discrimination regs that mirror Title VI and allow broader enforcement).
Center for Science in the Public Interest
Tax-deductibleFood and health policy watchdog advancing safer food, honest labeling, and evidence-based nutrition.
Mechanism
About LitigationHow Center for Science in the Public Interest uses funding
- Screen potential cases for standing, venue, and a clear remedy a court can order.
- Identify plaintiffs and legal theories that fit alternate statutes or state civil-rights frameworks.
- File cases and build the record through evidence, briefs, motions, and expert support when needed.
- Seek interim relief when necessary and pursue settlements or rulings that change behavior.
- Track enforcement and compliance so results materialize after a win.
Milestones
Checkpoints and the expected timing for each step
- 1
Case screening criteria set
0–30 daysStanding, venue, and remedy requirements are defined and shared with partners.
- 2
Case pipeline activated
1–3 monthsPriority matters move from intake to filing-ready posture with clear claims.
- 3
Early motions and relief pursued
3–12 monthsKey motions, injunction requests, or settlement talks advance toward an enforceable outcome.
- 4
Enforcement and appeals tracked
OngoingCompliance steps and major legal milestones are monitored and communicated.