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H.R. 2574, Equity and Inclusion Enforcement Act of 2019 (CBO Report for Congress)

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Congress 116th
Date Requested May 16, 2019
Requested By House Committee on Education and Labor
Date Sent May 5, 2020
Description:
H.R. 2574 would amend title VI of the Civil Rights Act of 1964 to create a private right of action to file disparate impact claims. Disparate impact refers to the discriminatory effects caused by policies that, on their face, appear neutral as instituted by an organization or employer. According to legal experts and an analysis of court filing data from the federal judiciary over the past 30 years, disparate impact claims brought under title VI are most often related to education (although they are applicable to housing and public transportation, among other settings) and have historically constituted a small portion of civil rights litigation—most such claims are filed under other titles of the act regarding employment issues. Using information from experts in civil rights law, CBO expects that enactment of H.R. 2574 could result in a small increase in the number of suits filed in federal courts related to disparate impact cases under title VI. The federal judiciary charges fees to file suit in district court. Those fees are recorded as revenues and can be spent by the judiciary without further appropriation action. Because the expected increase in the number of lawsuits is small, CBO estimates that enacting H.R. 2574 would increase both direct spending and revenues by an insignificant amount over the 2020-2030 period.

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