Emotional distress damages, Cummings urges, are a traditional form of compensatory damages for breaches of contracts that protect non-pecuniary interests. In re W. Dist. Fordham Urb. 1988); Haskell v. Kaman Corp., 743 F.2d. [10] See Michigan Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq. Absent more tangible forms of harm, emotional distress is often Such classifications demonstrate a discriminatory purpose as a matter of law. The Department of Education's Office for Civil Rights is also available to provide assistance about the use of race in the educational context. Nuevos Medios de Pago, Ms Flujos de Caja. 2023 CBS Broadcasting Inc. All Rights Reserved. Direct Evidence of Discriminatory Intent. The court determined that, in the absence of the other Arlington Heights factors raised at the motion to dismiss stage, foreseeable impact alone is insufficient to demonstrate intent. Toward that end, Title VI bars intentional discrimination. Doe v. C.A.R.S. The purpose of Title VI is simple: to ensure that public funds are not spent in a way that encourages, subsidizes, or results in discrimination on these bases. . The Future of Stablecoins, Crypto Staking and Custody of Digital White House Climate and Environmental Justice Screening Tool. Menu See Dept of Educ. Federal Coordination and Compliance Section, Section II- Synopsis of Legislative History and Purpose of Title VI, Section III Department of Justice Role Under Title VI, Section IV- Interplay of Title VI with Title IX, Section 504, th Fourteenth Amendment, and Title VII, Section VI- Proving Discrimination- Intentional Discrimination, Section VII- Proving Discrimination- Disparate Impact, Section VIII- Proving Discrimination-Retaliation, Section IX- Private Right of Action & Individual Relief Through Agency Action. Importantly, the analyses under these civil rights laws are not always the same, but this discussion identifies principles that are applicable to Title VI. The gravity of the threat alone cannot be dispositive of questions concerning what means law enforcement officers may employ to pursue a given purpose. City of Indianapolis v. Edmond, 531 U.S. 32, 42 (2000). Someassume that the intentional use of race should be carefully scrutinized only when the intent is to harm a group or an individual defined by race, color, or national origin. She says it is also a reminder for everyone to appreciate all disabilities, including the ones we cannot see. > 1985) (citing Segar v. Smith, 738 F.2d 1249, 1278 (D.C. Cir. v. Bakke, 438 U.S. 265, 287 (1978) (opinion of Powell, J.) 2d 540, 587 (S.D.N.Y. Columbus Bd. Indeed, a series of discrete episodes negatively affecting minorities can raise a plausible inference of discriminatory impact. Words With Friends, Part 1: Insurance Requirements and Contracts, Legislator Proposes To Expand CFL To Encompass "Commercial CERCLA PFAS Scope May Broaden To Many More PFAS, AI Avatar App is the Latest Target of BIPA Class Action Litigation. at 71, such a foreseeable impact is of no aid to Plaintiffs at this juncture because it, alone, is insufficient to establish a constitutional violation. S. Camden Citizens in Action v. N.J. Dept of Envtl. making overtly discriminatory statements. See NCLCs Fair Debt Collection 11.8.2.4. 1980) (per curiam), they must reveal that some invidious discriminatory purpose is causing the disparate outcomes. Disponibles con pantallas touch, banda transportadora, brazo mecanico. By analogy, he wrote, people suing businesses that accept federal money cannot win such damages, either. By 26 May 2022 usc marshall drop in advising 26 May 2022 usc marshall drop in advising Matou te fesosoani e ave atu fua se faaliliu upu mo oe. , (808-586-8844), (Traditional), , (808-586-8844), (Simplified). Teamsters, 431U.S. Implement Workers of Am. Wolf and the law firm found another case involving Megan McFadden and her dog that served as an emotional support animal. Webhumboldt county murders 2020 emotional harm in housing discrimination cases. And the Sheehan court explained why: because such a requirement would cripple enforcement of the discrimination laws. Sheehan, 173 F.3d at 1044. Boyd lived and worked as the property caretaker while Primack resided in Florida. While statistical, beneficiary, or explicitly directs action be, Short of an express classification, other, The Equal Protection Clause requires strict. of Educ. And since socioeconomic hardship disproportionately affects people with protected characteristics, these price hikes automatically discriminate against them. WebCompounding the problem is the difficulty of measuring the principal element of damages claimed by most plaintiffs in fair housing cases, noneconomic emotional harm or other FACTORS/CIRCUMSTANTIAL EVIDENCE PROBATIVE OF INTENT. TDD/TTY Dial 711 then ask for (808) 586-8866. But the Court clearly acknowledges the availability of contract emotional distress damages in certain contexts. Doe v. Lower Merion Sch. Dist., 329 F.3d 409, 415 (5th Cir. Under this model, agencies do not shift the evidentiary burdens between complainant and recipient when making findings. 1985). White says he hopes his son can move and live on his own without having to rely on his father as much in the future. This was also true, he wrote, of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race or national origin, and Title IX of the Education Amendments of 1972, which bars discrimination based on sex. Also, queer couples might be denied housing because their relationship doesnt align with the landlords values.. Moreover, Title VIs broad nondiscrimination mandate means that investigating agencies generally should take an inclusive approach to determining legally sufficient harms. Ill. 1995), affd, 87 F.3d 916 (7th Cir. Labor Execs. Assn, 489 U.S. 602, 635 (1989) (Marshall, J., dissenting); see also Grutter, 539 U.S. at 351 (Scalia, J., concurring in part and dissenting in part) (The lesson of Korematsu is that national security constitutes a pressing public necessity, though the governments use of [a suspect classification] to advance that objective must be [appropriately] tailored.); Skinner, 489 U.S. at 635 (Marshall, J. dissenting) (The World War II relocation- camp cases and the Red scare and McCarthy-era internal subversion cases are only the most extreme reminders that when we allow fundamental freedoms to be sacrificed in the name of real or perceived exigency, we invariably come to regret it. (citations omitted)). 2007) (Title VI case where court found that plaintiffs case falls apart because of a failure to locate a similarly situated individual).[16]. 524, 532 n.6 (7th Cir. 3) Step 3 The plaintiff must demonstrate pretext. Commn, 636 F.3d 511, 519 (9th Cir. See Plotke v. White, 405 F.3d 1092, 1102 (10th Cir. See Section B.3. Nonetheless, it is categorically prohibited in light of the broader ban on discrimination based on familial status. 2015). The Fair Housing Act was passed in 1968 in the aftermath of Dr. Martin Luther King, Jr.'s assassination and as an extension of the Civil Rights Act of 1964; it has been amended several times since then. This article describes what does and does not change after the Supreme Courts April 28, 2022, ruling in Cummings v. Premier Rehab Keller, P.L.L.C., that emotional distress damages are not available under federal discrimination causes of action based on the Rehabilitation Act of 1973 and the Patient Protection and Affordable Care Act (ACA). There may be cases where statistics establish a clear pattern, unexplainable on grounds other than race, but such cases are rare. Arlington Heights, 429 U.S. at 266, No matter how devastating or reliable the statistics appear to be, Ward v. Westland Plastics, Inc., 651 F.2d 1266, 1270 (9th Cir. As previously noted, the term pattern or practice can be used broadly to refer to systemic discrimination. See Washington v. Davis, 426 U.S. 229, 242 (1976) (discussing analysis of intentional discrimination generally). Since 1969, the nonprofit National Consumer Law Center (NCLC) has used its expertise in consumer law and energy policy to work for consumer justice and economic security for low-income and other disadvantaged people, including older adults, in the U.S. NCLCs expertise includes policy analysis and advocacy; consumer law and energy publications; litigation; expert witness services, and training and advice for advocates. Some uses of race are permissible. This case also illustrates the kinds of evidence relevant to each of the Arlington Heights factors described above: Impact. Id. The Fair Housing Act is a federal law that prohibits housing and housing-related discrimination based on race, color, religion, national origin, gender, familial status, or disability. Bd., 915 F.2d 922, 926 (4th Cir. 2011). 2012) (class action alleging pattern or practice of racial profiling by law enforcement agency in violation of Title VI and the Fourth and Fourteenth Amendments); Dept of Justice, Investigation of Los Angeles County Sheriffs Department Stations in Antelope Valley (June 28, 2013) (Title VI pattern or practice violation). Europe: Is Eltif 2.0 a More Viable Structure for Long-Term Investment in the EU? the legislatures passage of the challenged provisions, Arlington Heights, 429 U.S. at 266 (discussing the importance of. Other. How Modern Manufacturing Plants Can Protect Against Ransomware, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Appellate Court Affirmed An Order Denying A Beneficiarys Request For An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Gold Dome Report Legislative Day 26 (2023). Plaintiff alleged discrimination after a school imposed different disciplinary sanctions on two students in the sixth gradea non-Hispanic student and a Hispanic studentwho engaged in a fight. Paul v. Theda Med. Furthermore, individuals who engage in discriminatory housing practices, or knowingly aid or abet such discrimination, may face criminal charges dictated by federal law. Accordingly, the discriminatory impact of a facially neutral policy or practice (frequently, but not always, demonstrated through the use of statistics) can be used as part of the evidentiary showing in an intentional discrimination case. The Final Decision and Order in William D. Hoshijo, Executive Director, on behalf of Kiona E. Boyd v. Jeffrey David Primack, Dkt. 2d 822, 902 (D. Ariz. 2013) (awarding injunctive relief to Title VI plaintiffs and finding that plaintiffs demonstrated racially disparate results and additional indicia of discriminatory intent) (citing Feeney, 442 U.S. at 272); see also Arlington Heights, 429 U.S. at 26466; Comm. [21] Other courts have looked at whether the disparity is both statistically and practically significant. Document Type. A plaintiff can show pretext by pointing to weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the defendants proffered legitimate reasons for its action, such that a reasonable fact finder could rationally find them unworthy of credence. Accordingly, Assn, 43 F.3d 265, 276 (6th Cir. Intentional Discrimination by a Third Party. 426 U.S. 229, 242 (1976) (discussing analysis of, based on race, color, or national origin. The two main ways to prove emotional distress damages are (1) for the employee (and their friends and family) to testify about how the discrimination caused Once a compelling interest is established, a recipient must still demonstrate that it has satisfied narrow tailoring; in other words, that it is using race in the most limited manner that will still allow it to accomplish its compelling interest. at 233. 2005) (citation omitted). For example, statistics can be used show that an ostensibly race-neutral action actually causes a pattern of discrimination, a racially disproportionate impact, or foreseeably discriminatory results. In In re Rodriguez, 487 F.3d 1001, 100608 (6th Cir. Victims frequently experience emotional distress, anxiety, and depression, as well as difficulty finding a safe and affordable place to live. In Hassan, the Third Circuit reversed the lower court, ruling that plaintiffs had alleged a viable claim of intentional discrimination where the New York Police Department followed a facially discriminatory policy in surveilling Muslim individuals and businesses in New York and New Jersey, and that this can amount to direct evidence of intent. Id. C. Other Issues Affecting Title VI Cases Involving Possible Intentional Discrimination, 1. 1079, 1084 (W.D.N.Y. White. 1, 551 U.S. 701, 720 (2007). See Thomas v. Metroflight, Inc., 814 F.2d 1506, 1510 n.4 (10th Cir. of Ill., 479 F.3d 908, 921 (7th Cir. Alexander v. Sandoval, 532 U.S. 275, 28081 (2001). An agency is free to collect and analyze all the evidence described in this section as part of its initial investigation, or may choose to make a preliminary prima facie finding and require the recipient to articulate its defense as a next step. Classifications of individuals based on race, color, or national origin cannot avoid strict scrutiny merely because the recipient asserts a very important interest, such as a public safety justification. As a result, most Title VI litigation and administrative investigations focus on circumstantial evidence. Although this is the case, it is often very difficult to determine an appropriate amount of such damages since Pennsylvania has not yet established a system by which to determine this. Plaintiff must first prove a prima facie case of discrimination by a preponderance of the evidence. Civil Rights and Discrimination | Constitutional Law | Law. Litigation Setback for Employers Under Illinois Biometric Information Senate Committee Holds Hearing on Future of Low Carbon Transportation North Carolina Senate Passes Compassionate Care Act at Exactly 4:20 States and Feds Signal Big Changes to Telehealth Prescribing. COinS . A federal judge found that the only injuries Ms. Cummings had suffered were humiliation, frustration and emotional distress and ruled that the laws she invoked did not allow suits for such emotional harm. NCLC works with nonprofit and legal services organizations, private attorneys, policymakers, and federal and state government and courts across the nation to stop exploitativepractices, help financially stressed families build and retain wealth, and advance economic fairness. 1998). Sch. Occasionally, a recipient official admits to having considered race during the decisional process as a basis for its action. Hostile environment harassment is another form of intentional discrimination prohibited by Title VI not discussed here extensively. To prove such systemic discrimination using this method in a Title VI case, the plaintiff must show that discrimination was the recipients standard operating procedure; that is, the plaintiff must prove more than the mere occurrence of isolated or accidental or sporadic discriminatory acts. EEOC v. Joes Stone Crab, Inc., 220 F.3d 1263, 128687 (11th Cir. A method of proofor analytical frameworkis an established way of organizing the evidence in an investigation or lawsuit in order to show why that evidence amounts to intentional discrimination. Moreover, when a plaintiff relies on the Arlington Heights method to establish intent, the plaintiff need provide very little such evidence to raise a genuine issue of fact ; any indication of discriminatory motive may suffice to raise a question that can only be resolved by a fact-finder. Pac. Often, the available proof consists of a combination of these different kinds of evidence, and therefore more than one method of proof may be appropriate. A recipients express or admitted use of a classification based on race, color, or national origin establishes intent without regard to the decision-makers animus or ultimate objective. An official website of the United States government. Cty., Inc., 465 F.3d 790, 794 (7th Cir. Emotional Harm in Housing Discrimination Cases: A New Look at a Lingering Problem, If, however, the school did provide a legitimate, nondiscriminatory reason for the different sanction, the Departments would probe further to determine whether the reason given for the enhanced sanction was an accurate statement of the reasons for different treatment of the two students, or constituted a pretext for racial discrimination. 1999); see Venters, 123 F.3d at 973. To receive emotional distress damages you must show that the employers discriminationrather than some other life eventcaused the emotional harm. When seeking more generalized emotional harmwhich usually equals a lower damage awardlike sleeplessness, familial strain, and reputational harm, a court may be less likely to allow an employer access to this sensitive information. Finally, it is important for agencies to remember that even if a recipient is found to have engaged in the intentional consideration of race, color, or national origin, this is not the end of the inquiry. 1995), a Title VII case, a female plaintiff alleged that she was not promoted because of her sex. This approach is closely related to the Arlington Heights framework. Much of the discussion in this section relies on judicial precedent developed in private plaintiffs intent claims for damages, and therefore focuses on standards applied in that context. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. Landlords are not allowed to discriminate against seniors by not renting to them or applying different rules to their tenancy than they would to anyone else. 2000d. The Third Circuit compared the City's public safety justification to the infamous Korematsu case, in which the Supreme Court uncritically accepted the government's national security justification for overt discrimination, leading to the wartime imprisionment of American citizens of Japanese ancestry based solely on national origin. At times in this section "race" is used to refer to "Race, color, and national origin." The McDonnell-Douglas framework. No. This method is most likely to be helpful where the complaint is about one or a few individuals, and involves easily identifiable similarly situated individuals not in the protected class. Courts have developed a number of analytical frameworks for assessing intent claims. For this reason, its important to keep as much evidence as possible of the emotional distress suffered, whether it is in journals, emails/texts, etc. Primacks text messages included multiple threats to strangle, punch, and inflict pain on Boyd, belittled her gender identity and expression, and contained gender-based slurs. Evidence of such remarks or comments is nevertheless important in an intent case, and can help to establish circumstantial or indirect evidence of intent. This shorthand is used merely for ease of discussion and should not be read as a limitation on the applicability of the principles discussed. Finally, the article considers whether emotional distress is a sufficiently concrete injury to provide case or controversy standing in federal court. As the amount of emotional distress damages sought climbs higher so too does the strength of evidence needed to support that award. Expanding Regulatory Reach over Intermediaries That May Constitute How to Value Digital Assets for Donation to Charity. If violation of these other discrimination statutes has a common law analogy, it is not to a breach of contract, but to a tort, where emotional distress damages are commonly available. Finally, it is important to understand that under the Arlington Heights framework, evidence identifying similarly situated comparators is helpful but not required. "It Ain't Over 'Til It's Over" - Use Of A PTO Introduces Trademark Decisions and Proceedings Search Tool, FDA Issues Draft Guidance on Labeling of Plant-Based Milk Alternatives, Government Wins $43 Million Verdict in False Claims Act Case, BETO Will Host March 23 Listening Session on Next Billion-Ton Report. 0520130618, Athletic Assn, 43 F.3d 265, 276 (6th Cir. Waisome, 948 F.3d at 1376; Chin, 685 F.3d at 13 (quoting Waisome). http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201401-title-vi.html. Many cases of intentional discrimination are not proven by a single type of evidence. Hawaii Civil Rights Commission Decides FAIR Housing CASE, $95,000 Awarded in Gender Identity Discrimination Case. suffers from depression but his health has made significant progress with the help of cats in their home. In general, the bases for discrimination can be categorized as follows: Despite the fact that racial discrimination is illegal, it unfortunately still occurs. As such, whether conduct rises to the level of adverse action is a fact-specific inquiry. Emotional Distress Damages After Latest Supreme Court Decision, Twelve Reasons to Bring Reverse Redlining Claims Against Predatory Lenders, Credit Discrimination Statutes Offer Underutilized Consumer Remedies, Mortgage Servicing and Loan Modifications, The Civil Rights Act of 1964, Title VI, 42 U.S.C. Part 1 training plans. Vili mai i le numera lea (808-586-8844) pea e manao mia se fesosoani mo se faaliliu upu. Housing Discrimination: Types, Examples, and Actions to Take. Wolf says some property owners do not understand the laws protecting these tenants or ignore these policies because they think residents will not have the resources to hire an attorney. WebEEOC EMOTIONAL DISTRESS AWARDS . 2006). Instead, it is based on the Commerce Clause and authority given to Congress by the Thirteenth and Fourteenth Amendments to enforce those two Amendments by appropriate legislation. (The Title VI Legal Manuals disparate impact section discusses this requirement in detail.) Corp., 429 U.S. 252, 266-68 (1977). Part II discusses the issue of bias in the process of Kwoj aikuij ke jiban kin juon bar kajin? 3789d(c)(3). Ultimately, the totality of the relevant facts will determine whether the recipient has engaged in intentional discrimination in violation of Title VI. One area that was not included in this initial congressional effort, but later found its way into the legislative agenda, was the subject of housing discrimination. Still other courts have recognized the usefulness of multiple regression analyses, a statistical tool for understanding the relationship between two or more variables where there are several possible explanations for a given outcome, which, in turn, aids in isolating the most relevant variable and determining its effect on the outcome. 1996). Worse yet, age discrimination is not explicitly forbidden by the Fair Housing Acts federal law. (2016; Jackson v. Quanex Corp., 191 F.3d 647 (6th Cir. at 1163 (quoting Jackson v. Ala. State Tenure Commn, 405 F.3d 1276, 1289 (11th Cir. Direct evidence of discriminatory intent is evidence that, if believed, proves the fact [of discriminatory intent] without inference or presumption. Coghlan v. Am. "This is a case that's really important to spread the word that individuals with disabilities, even disabilities we can't see, we can't pinpoint, we don't know what they are until they disclose them to us," she said. 1994). A recipient violates Title VI if (1) a third party (e.g., a, 767 F.3d 247, 27173 (3d Cir. L. Rev. WebThere has always been wide discretion to set damages for emotional distress in Fair Housing cases. Once the plaintiff has established a prima facie case, the defendant can rebut it by either demonstrating that the plaintiff based his or her statistical calculations on faulty data, flawed computations, or impropermethodologies, or by introducing alternative statistical evidence. [7] The McDonnell- Douglas framework refers to McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). Id. Auxiliary aids and services are available upon request to individuals with disabilities. 1987) (suggesting that courts may require, in addition to statistical significance, that the observed disparity be substantial). The box below cross-references the major types of evidence with the related methods of proof discussed in this section. Sch. These statutes use the term to define the authority of the Attorney General or private parties to bring certain claims in court. The direct evidence of such remarks must, however, establish that race was an important factor motivating the challenged action. And it also depends on the amount of emotional distress damages claimed. 2009) (Title VI and equal protection case finding that statistical evidence was sufficient to create inference of intent where race-neutral precondition to receiving municipal services served to exclude Latino-majority neighborhoods)). Civ. See Brown v. Bd. Breaking the Link New Developments on U.S. A plaintiff or agency investigation can use statistics in several ways to establish a claim of intentional discrimination. Statistics showing racial or ethnic imbalance are probative in pattern or practice cases because a clear and significant imbalance based on race or ethnicity is often an indication of purposeful discrimination. The family also hopes their case can help educate both landlords and residents about their rights and make sure other families do not deal with the same discrimination. The statute states that no person shall on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 42 U.S.C. Similarly, a private plaintiff or investigating agency may be able to use evidence that a recipient knew or should have known about a third partys intentionally discriminatory conduct and failed to act despite that knowledge. U. RB. Waisome v. Port Auth. This article explains why Cummings does not apply to most discrimination cases or other causes of action and provides advice when seeking emotional distress damages. 42.104(b)(1)(i) (DOJ) (emphasis added), or restrict[s] an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any disposition, service, financial aid, or benefit under the program, Id. Courts also find that emotional distress damages are available under the Fair Credit Reporting Act, although courts are divided as to whether a physical manifestation of the distress is required. One court, in ruling that a police departments policy of focusing on Hispanic persons in immigration enforcement was discriminatory, held there is no legitimate basis for considering a persons race in forming a belief that he or she is more likely to engage in a criminal violation and the requisite exact connection between justification and classification is lacking. Melendres, 989 F. Supp. 2002). AG Clamps Down on Local Solar and Battery Storage Moratoria. Even without a direct admission or express policy, a plaintiff may prove intentional discrimination with other forms of direct evidence demonstrating that the decisionmakers placed substantial negative reliance on an illegitimate criterion in reaching their decision. Price Waterhouse v. Hopkins, 490 U.S. 228, 277 (1989) (OConnor, J., concurring); [9] Venters v. City of Delphi, 123 F.3d 956, 972 (7th Cir. Additionally, an experienced housing discrimination lawyer can help you understand your options and take the necessary steps to pursue justice. Primack visited the Hawaii property to hold Qigong retreats for his mainland-based business and first met Boyd in 2012 when she was using a name traditionally associated with the male gender and presented as male. Waters of the United States and Winston Churchill. Chief Justice John G. Roberts Jr., writing for the majority on Thursday, said the laws at issue are something like contracts: In exchange for federal money, businesses agree not to discriminate and to be held accountable if they do. decision-makers as direct evidence of intent. 1984). In addition, impact evidence most often involves the presentation of statistical evidence. at 361. Here, the McDonnell-Douglas burden- shifting test that applies in litigation to determine whether an institution has engaged in intentional discrimination does not necessarily apply in the context of agency enforcement activities prior to administrative litigation. Private parties seeking judicial enforcement of Title VIs nondiscrimination protections must prove intentional discrimination. Official websites use .gov Accepting Cryptocurrency and Digital Asset Donations: What Charities Need to Know. Llame al (808-586-8844) y diganos que idioma habla. This is a research file with cases from a variety of sources . Landlords and property developers must take reasonable steps to accommodate the needs of people with disabilities, and homeowners' associations must make reasonable accommodations for vulnerable groups. Indeed, victims of intentional discrimination may sometimes suffer profound emotional injury without any attendant pecuniary harms. 1997) (direct evidence includes evidence which in and of itself suggests that someone with managerial authority was animated by an illegal criterion.). of N.Y. & N.J., 685 F.3d 135, 147 (2d Cir. 2011). They may even cite to Cummings when arguing that a case seeking only emotional distress damages does not have Article III standing in federal court. Pryor, 288 F.3d at 564. The phrase pattern or practice can be used to describe a systemic violation of Title VI, regardless of the method of proof employed. Where a plaintiff demonstrates, or an agency determines, that a challenged policy overtly and expressly singles out a protected group for disparate treatment, a plaintiff need not prove the malice or discriminatory animus of a defendant . Bangerter v. Orem City Corp., 46 F.3d 1491, 1501 (10th Cir. With respect to what constitutes adverse action or harm, there are no bright-line rules, Wanamaker v. Columbian Rope Co., 108 F.3d 462, 466 (2d Cir. The method of proof used in pattern or practice cases under other statutes can be applied to these kinds of Title VI cases. This discretion is limited by two crucial elements: the egregiousness of the Respondents behavior and the effect of that behavior on the Complainant.