Statement from U.S. Assistant Secretary for Civil Rights on Title VI Protection from Discrimination Based on Shared Ancestry or Ethnic Characteristics

Recognizing the “rise in reports of anti-Semitic incidents,” Assistant Secretary Catherine E. Lhamon emphasized on January 4, 2023, that current Dept. of Education Office for Civil Rights (OCR) guidance “affirms OCR’s commitment to complying with” former President Donald Trump’s “Executive Order 13899 on Combating Anti-Semitism.” As Brandeis Center Chairman Kenneth L. Marcus has explained in Newsweek, it is both important and commendable that the Biden administration is drawing public attention to the continuing application of the Executive Order, which incorporates the IHRA Working Definition of Anti-Semitism and its guiding examples relative to Israel, to OCR investigations. As Assistant Secretary Lhamon reminds OCR’s stakeholders, the Order remains an active part of OCR’s current policy guidance. To view Secretary Lhamon’s statement as a PDF, click here.


.January 4, 2023

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) released a fact sheet, Protecting Students from Discrimination Based on Shared Ancestry or Ethnic Characteristics, explaining ways that Title VI of the Civil Rights Act of 1964 (Title VI), which protects students from race, color, and national origin discrimination, covers students who are or are perceived to be Jewish, Christian, Muslim, Sikh, Hindu, Buddhist, or of another religious group.

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The rise in reports of anti-Semitic incidents, including at schools, underscores the critical importance of addressing discrimination based on shared ancestry or ethnic characteristics. For decades, OCR has investigated and resolved complaints of discrimination, including harassment, based on a student’s shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion or distinct religious identity under our Title VI jurisdiction. For example, OCR recently resolved complaints involving allegations of anti-Semitism and opened several new investigations related to shared ancestry or ethnic characteristics. Information about OCR’s recent case resolutions under Title VI is available here. In addition, OCR’s Civil Rights Data Collection gathers information from schools and school districts about incidents of student harassment based on religion.

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Today’s fact sheet is just one of several resources that OCR has released to inform schools of their obligations under Title VI to address discrimination against students, including discrimination based on shared ancestry or ethnic characteristics. Additional resources, including a Questions and Answers guide released in January 2021 that affirms OCR’s commitment to complying with Executive Order 13899 on Combating Anti-Semitism, are available on the Shared Ancestry or Ethnic Characteristics page of OCR’s website.

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Each of us has a role to play in protecting students from discrimination based on shared ancestry or ethnic characteristics. Thank you for your commitment to providing students a safe learning environment that is free from discrimination.

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Sincerely,

 

Catherine E. Lhamon

Assistant Secretary

Office for Civil Rights

U.S. Department of Education