The risks posed to national security and other programs by proposals to authorize private disparate impact claims under title VI

Congress may consider an amendment to Title VI of the Civil Rights Act of 1964, which would permit private disparate impact discrimination lawsuits to be filed against entities receiving federal financial assistance. However, unlike Title VII of the same Act, Title VI does not contain a national security exception. This article addresses the potential impact of the proposed amendment on national security programs administered by federally subsidized entities. Particular emphasis is given to the airports, airlines, and private screening companies that administer the nation's post-9/11 security measures. Finally, the Article discusses how the disparate impact claims authorized by the amendment may frustrate legislatively enacted policies such as welfare reform and English language programs.