Webcases. Finally, the article considers whether emotional distress is a sufficiently concrete injury to provide case or controversy standing in federal court. Similarly, Title VI requires recipients to demonstrate that any intentional use of race, color, or national origin classification is narrowly tailored to achieve a compelling government interest. of Tex., 133 S. Ct. 2411, 2420 (2013) (quoting Wygant v. Jackson Bd. 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. Price Waterhouse, 490 U.S. at 271 ([D]irect evidence of intentional discrimination is hard to come by.) (OConnor, J., concurring). 1980) (per curiam), they must reveal that some invidious discriminatory purpose is causing the disparate outcomes. These also may be useful in understanding how and when recipients may consider race in other contexts. Instead, the jury can hear how the employee has been emotionally affected through their own testimony, as well as the words of their friends, families, and coworkers. 1997), so courts and agencies must make that determination in each case. The provision of fewer or inferior services or benefits to a person or class of persons will satisfy the adversity requirement, but adversity can be established even without the loss of specific services or benefits; threatened or imminent harm can satisfy the adverse action requirement. Cty., Inc., 465 F.3d 790, 794 (7th Cir. Marie v. E. R.R. Worse yet, age discrimination is not explicitly forbidden by the Fair Housing Acts federal law. Quoting an earlier opinion, Justice Breyer added that the majority had lost sight of the larger purpose of the anti-discrimination laws, which was to vindicate human dignity and not mere economics., But the courts decision today allows victims of discrimination to recover damages only if they can prove that they have suffered economic harm, even though the primary harm inflicted by discrimination is rarely economic, Justice Breyer wrote. 701, among other laws. Nevertheless the McDonnell-Douglas framework may be useful for complaint investigations, particularly where the investigation uncovers evidence of similarly situated comparators who were treated differently or better. Likewise, the amount and availability of emotional distress damages can also be impacted by, for example: Under Title VII, the maximum amount for emotional distress damages is $300,000. The dream of ending discrimination in housing, which many hoped would provide the vehicle for integrating neighborhoods, schools, and eventually the nation's consciousness, has been largely unrealized. See infra section C.3. The Departments would then evaluate, among other things, whether the school conformed to its written policies; whether the Hispanic student did, in fact, instigate the fight; and whether the school had previously imposed a higher sanction on non-Hispanic students who had instigated fights. Arlington Heights, 429 U.S. at 266; see also Feeney, 442 U.S. at 279 (plaintiff must show that the rule was promulgated or reaffirmed because of, not merely in spite of, its adverse impact on persons in the plaintiffs class); Horner v. Ky. High Sch. This implies that proving the existence of discriminatory behavior against a protected class will be a difficult task. "That those individuals still are disabled and we have to treat them with the respect and dignity that they deserve.". The Meeker Housing Authority and the Town of Meeker together settled with the plaintiffs for $1 million. Co., 843 F.2d 1262, 1268 (10th Cir. Chief Counsel It noted that the NCAA had actual notice and knowledge of the impact on the minority students, while the Court in Feeney could no infer that the "legislature almost certainly was aware" that the law benefiting veterans would disadvantage women. 1998) (citations omitted). 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. No. Appx 247 (4th Cir. In employment discrimination cases, perhaps the most obvious form of damages is lost pay if the employee is forced to leave the company. (The Title VI Legal Manuals disparate impact section discusses this requirement in detail.) Civ. FAQ | Mar. 1, 551 U.S. 701, 720 (2007) ([W]hen the government distributes burdens or benefits on the basis of individual racial classifications, that action is reviewed under strict scrutiny.); Gratz v. Bollinger, 539 U.S. 244, 270 (2003) (applying strict scrutiny to student admissions policies that considered race as a factor). Commn of Jefferson Cty., 446 F.3d 1160, 1162 63 (11th Cir. Robin Wurtzel 2d 540, 587 (S.D.N.Y. 2d 319, 337 (D. Mass. 2002). 1981, 1982 (1988) and 42 U.S.C. of N.Y. & N.J., 685 F.3d 135, 147 (2d Cir. It is also important that A.J. 3:10-0368, 2010 WL 5343298, at *5 (S.D.W. 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To receive emotional distress damages you must show that the employers discriminationrather than some other life eventcaused the emotional harm. 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. 1681, which provides, with numerous exceptions, that No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance., Rehabilitation Act of 1973, 504, 29 U.S.C. See Teamsters, 431 U.S. at 360; Chin v. Port Auth. This language is best read to encompass a broad range of adverse actions that may be caused by a recipients administration of its program. View DLIR news releases: Chng ti se yu cu mt ngi thng dch vin min ph cho bn. 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. of Cal. Absent more tangible forms of harm, emotional distress is often the only basis for compensating plaintiffs for the pain, stigma, humilia-tion, and psychological turmoil at 266. [17], 2) Step 2 The defendant must articulate a legitimate non-discriminatory reason. See Melendres v. Arpaio, 989 F. Supp. Fordham Urb. U. RB. 1999); see Venters, 123 F.3d at 973. As in other disparate treatment cases, the ultimate burden of persuasion rests with the plaintiff. The ECOA, FHA, and 1981 explicitly provide for punitive damages, and many cases have found emotional distress damages available under those statutes as well. Direct evidence of discriminatory intent is evidence that, if believed, proves the fact [of discriminatory intent] without inference or presumption. Coghlan v. Am. See Thomas v. Metroflight, Inc., 814 F.2d 1506, 1510 n.4 (10th Cir. Apr. In making this determination, the Departments would request and consider information such as witness statements, codes of conduct, and student disciplinary records. "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. This section provides an overview of the types of evidence necessary to prove intentional discrimination under Title VI. 2d 799, 806 (N.D. Ohio 2003) (citations, identifiable similarly situated individuals, approach. Awaganyo ti (808-586-8844) tapno ibagayo kadakami no ania ti pagsasao nga ar-aramatenyo. 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. 1079, 1084 (W.D.N.Y. Kim naj lewaj juon am dri ukok eo ejjelok wonen. Sipwe angei emon chon chiaku ngonuk ese kamo. Columbus Bd. INTRODUCTION With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education (1) in 1954, and a vigorous civil rights The following are indicators of discriminatory housing practices that are all too common in housing sales and rentals: Owners of private property can legally refuse to sell or rent to anyone for any reason under Fair Housing laws. The harm need not be physical in nature, or even the type of harm that would permit an award of compensatory damages. 2012). 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. E kelepona (808-586-8844)`oe ia la kaua a e ha`ina `oe ia la maua mea `olelo o na `aina `e. En mi niit alilis lon pwal eu kapas? I should think so., The statutes before us seek to eradicate invidious discrimination, he wrote. of Ed., 476 U.S. 267, 280 n.6 (1986)). For emotional distress damages, its not necessary to have a doctor or psychologist testify at trial; indeed, an employee does not even have to show that they went to see a doctor, psychologist, or other counselor. Copyright, National Consumer Law Center, Inc., All rights reserved. of Educ., 347 U.S. 483 (1954). The Supreme Court Grants Petition to Decide Constitutionality of CFPB Understanding Your Law Firms Value Proposition, Spike in Migrants Crossing U.S.-Canada Border Raising Concerns, Bill to Amend the Gramm-Leach-Bliley Act Introduced to Congress, Energy & Sustainability Washington Update March 2023. 2007), a case originally brought under, investigations, evaluation of these factors demands, Critically, Arlington Heights directs courts and agencies to, legislature in violation of the Fourteenth, v. McCrory, 831 F.3d 204 (4th Cir. The Court, if it thought emotional distress was not sufficient concrete injury, could have raised such jurisdictional grounds for dismissal at any time, even when not raised by courts below. Title VIs plain language supports this approach. When an employee asks for significant emotional distress damages in an employment discrimination lawsuit, they are essentially putting their mental health at issue in the case. She brought a federal action seeking only emotional distress damages under the Rehabilitation Act of 1973 and the ACA. 1981) (twenty class plaintiffs was sufficient to support the statistical evidence) with Ste. Here, the court analyzed the available impact data and held that the same data showing that African Americans disproportionately used each of the voting mechanisms removed by the new provisions also established sufficient disproportionate impact for an Arlington Heights analysis. at 362 n.50 (citing McDonnell-Douglas, 411 U.S. at 80406). April 28, 2022 WASHINGTON Dividing 6 to 3 along ideological lines, the Supreme Court ruled on Thursday that victims of discrimination that is forbidden by four at 339 n.20. Agencies and plaintiffs can use them individually or together and may combine both direct and circumstantial evidence. However, plaintiffs alleging intentional discrimination under civil rights statutes need not demonstrate the existence of a similarly situated entity who or which was treated better than the plaintiff in order to prevail. Pac. The decision from the Commission reaffirms its commitment to the elimination of discrimination in housing, said Executive Director, William D. Hoshijo. Commn, 636 F.3d 511, 519 (9th Cir. But, as one court noted, [i]t would be improper to posit a quantitative threshold above which statistical evidence of disparate racial impact is sufficient as a matter of law to infer discriminatory intent, and below which it is insufficient as a matter of law. Gay v. Waiters & Dairy Lunchmens Union, Local No. See, e.g., 28 C.F.R. https://labor.hawaii.gov/blog/category/news/, Media Contacts: Emotional distress damages can also be proven by, for example: having a treating psychologist, psychiatrist, or counselor testify about the emotional distress; hiring an expert witness to explain how the discrimination harmed one emotionally; presenting evidence of a diagnosis such as depression or anxiety disorder; and, demonstrating that medications were prescribed to deal with the mental anguish. In other instances, a recipient explicitly conditions the receipt of benefits or services on the race, color, or national origin of the beneficiary, or explicitly directs action be taken based on race, color, or national origin. The Supreme Court used similar reasoning in 2002 in Barnes v. Gorman, ruling that such federal laws did not allow suits for punitive damages because those kinds of damages were not typically available in lawsuits for breach of contract. Hawaii Civil Rights Commission Decides FAIR Housing CASE, $95,000 Awarded in Gender Identity Discrimination Case. 2011). In evaluating the totality of relevant facts, courts and federal funding agencies look to either direct or circumstantial evidence to establish whether a recipient engaged in intentional discrimination. 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. After all, decision-makers seldom will admit that they based decisions on race or ethnic origin, or used either as a criterion. 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. The Fourth Circuit agreed. 1983) (discussing obviously foreseeable outcome of the towns decision to spend nearly all of its revenue-sharing monies on the white community, at the expense of communities of color); United States v. Bannister, 786 F. Supp. Discrimination in housing has numerous consequences. Nonetheless, it is categorically prohibited in light of the broader ban on discrimination based on familial status. You have the right to an interpreter at no cost to you. Doe ex rel. However, "[w]hen one type of evidence is missing altogether, the other must be correspondingly stronger for plaintiffs to meet their burden." This includes refusing to sell a house to someone based on race, national origin, religion, gender, sexual orientation, disability, or family status. For example, an employer may request information regarding past medical/ psychological history, probe painful life events (like divorce, death in the family, etc. Croson Co., 488 U.S. 469, 493 (1989), and Adarand Constructors, Inc., v. Pena, 515 U.S. 200, 226 (1995), established that any intentional use of race, whether for malicious or benign motives, is subject to the most careful judicial scrutiny. These factors are non-exhaustive. Pac. Coates v. Johnson & Johnson, 756 F.2d. at 130 (citations and quotations omitted). In re W. Dist. Part II discusses the issue of bias in the process of The content and links on www.NatLawReview.comare intended for general information purposes only. Proof of Systemic or Wide-Spread Discrimination (Pattern or Practice Discrimination). Rather, the focus is on the explicit terms of the discrimination, Intl Union, United Auto. The framework is most commonly applied in cases alleging discrimination in individual instances. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. As stated by Senator Walter Mondale, one of its sponsors, the Act would replace the nation's ghettos by "truly integrated and balanced living patterns." 2000) (quoting Teamsters, 431 U.S. at 336 (internal quotation marks omitted)). Webtion to redress discrimination may also be likened to an action for defa-mation or intentional infliction of mental distress.5 Acknowledging this emotional distress and awarding appropriate compensatory damages is of paramount importance in discrimination cases. [18] Dep't of Justice and Dep/'t of Educ., "Dear Collegue" Letter on the Nondiscriminatory Administration of School Discipline (Jan. 8, 2014), available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201401-title-vi.html. at 295; see also Johnson v. California, 543 U.S. 499, 50506 (2005) (racial classifications for penological purposes, such as controlling gang activity in prison, subject to strict scrutiny); United States v. Brignoni-Ponce, 422 U.S. 873, 88587 (1975) (law enforcement need does not justify stopping all Mexican-Americans to ask if they are aliens). Id. 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. Receipt of the financial federal assistance provides what amounts to a contract between the United States and the recipient of funds not to discriminate in exchange for federal assistance. at 1163 (quoting Jackson v. Ala. State Tenure Commn, 405 F.3d 1276, 1289 (11th Cir. Va. Dec. 20, 2010), affd, 428 Fed. 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. 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. Such classifications demonstrate a discriminatory purpose as a matter of law. Athletic Assn, 43 F.3d 265, 276 (6th Cir. 1994). 1994) (citing Teamsters, 431 U.S. at 340). Discrimination complaints can be filed with the HUD based on this act or with the Consumer Financial Protection Bureau (CFPB) based on the Equal Credit Opportunity Act (ECOA). of Educ. Plaintiffs, As mentioned previously, certain procedural, the school failed to provide a legitimate, C. Other Issues Affecting Title VI Cases Involving Possible, As previously noted, the term pattern or, For Title VI, that kind of widespread or broad, As previously stated, statistics typically are used to help establish that a pattern of, 766 F.2d 917, 929 (6th Cir. 18116, which provides that an individual shall not, on the ground of race, color, national origin, age, disability, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity, any part of which is receiving federal financial assistance. As emphasized above in the McDonnell-Douglas discussion, certain procedural aspects of methods of proof developed in the litigation context do not transfer to the administrative context. Housing discrimination based on familial status can range from refusing to rent an apartment to a family with children to charging higher rents or deposits, as well as making threats or comments about someone's family, such as saying that a tenant with young children is "too noisy" or that an expecting mother "takes up too much space.". 1994); accord Troupe v. May Dept Stores Co., 20 F.3d 734, 736 (7th Cir. White House Requires Removal of TikTok App from FDA Withdraws Proposed Rule on General Principles for Food Standards New FAQs Dramatically Expand Scope of California Labor Contractor Today is the Day Dont Miss the Employer Deadline to Report to OSHA, PTO Seeks Comments on Role of Artificial Intelligence in Inventorship. 25, 2016), plaintiffs challenged provisions of a North Carolina election law, alleging that discriminatory intent to disenfranchise African-American voters motivated the legislature in violation of the Fourteenth and Fifteenth Amendments and the Voting Rights Act. WebThere has always been wide discretion to set damages for emotional distress in Fair Housing cases. [emailprotected], Bill Kunstman 2015) (quoting Massarsky v. Gen. Motors Corp., 706 F.2d 111, 128 (3d Cir.1983) (Sloviter, J., dissenting)). Moreover, Title VIs broad nondiscrimination mandate means that investigating agencies generally should take an inclusive approach to determining legally sufficient harms. 426 U.S. 229, 242 (1976) (discussing analysis of, based on race, color, or national origin. The Hawaii Civil Rights Commission is responsible for enforcing state civil rights laws that prohibit discrimination in employment, housing, public accommodations, and state-funded services. Agencies should consider using this method for investigations involving the selection of individuals, such as for program participation, benefits, or services, particularly where the recipient provides a nondiscriminatory explanation for its decision. As a subscriber, you have 10 gift articles to give each month. 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. Xerox Litig., 850 F. Supp at 1085. Part 1 training plans. 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)). 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. 1143 Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Emotional distress damages arise most commonly in sexual harassment and hostile work environment claims, but can also be awarded in other types of discrimination claims, includingpromotion denialandretaliation. 30 at 100809; accord, Diaz v. Jiten Hotel Mgmt., Inc., 762 F. Supp. Masapulyo kadi ti tulong iti sabali a pagsasao? This is discussed more extensively beginning at page 30. 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. Commercial Marine Serv. Corp. v. Calvert Cty., 48 F.3d 810, 819 (4th Cir. 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. The pattern or practice that was challenged harmed many minorities in precisely the same manner. Share sensitive information only on official, secure websites. EXPOSED: Does a New NCLC Ex Parte Filing Expose Their True Agenda to Little Weight Given to Conclusory Expert Declaration That Repeats IPR Department of Homeland Security Provides Information Related to EB-5 PTAB: Vidal Refocuses Guidance On Fintiv Factors And Discretionary Aluminum Is Now A Hot Topic In Supply Chain And Trade. at 1159. at 339 n.20; Lujan v. Franklin Cty. 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. [4] See Grutter v. Bollinger, 539 U.S. 306, 34344 (2003) (citing Regents of Univ. When discrimination is discovered, HUD may impose civil penalties on violators and compensate victims. Even isolated comments may constitute direct evidence of discrimination if they are contemporaneous with the [adverse action] or causally related to the [adverse action] decision making process. Kennedy v. Schoenberg, Fisher & Newman, Ltd., 140 F.3d 716, 723 (7th Cir. If you would ike to contact us via email please click here. [M]ere speculation or conjecture is insufficient, id., as are appeals to common sense which might be inflected by stereotypes, Reynolds v. City of Chicago, 296 F.3d 524, 526 (7th Cir. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. Note also that 1981a(b)(3) explicitly mentions emotional distress damages in employment discrimination cases. See, e.g., Whren v. United States, 517 U.S. 806, 813 (the Constitution prohibits selective enforcement of the law based on considerations such as race). In Cummings v. Premier Rehab Keller, P.L.L.C., 2022 WL 1243658 (U.S. Apr. Xerox Litig., 850 F. Supp. 1998). 149, 177 (2012) ([S]tray remarks can prove to be invaluable insights into biases at every level of consciousness that may be rife but invisible within the workplace. [They] may bespeak a workplace culture in which certain language or sentiments are tolerated and perhaps encouraged or rewarded.)). Unlike many discrimination statutes, Congressional authority for the discrimination provisions in the Rehabilitation Act and the ACA is based on the Constitutions Spending Clause, which gives Congress broad power to fix the terms on which it shall disburse federal money. The Rehabilitation Act and the ACA condition receipt of federal financial assistance on the recipient not discriminating on bases prohibited by the Acts, including disability. You can also contact your state's fair housing agency or the human rights commission of your local government. Hazelwood Sch. Publication Date. 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. Agencies should be sure to consider this method where a complaint challenges an expressly neutral policy or practice that has an effect on a larger class defined by race, color, or national origin. Discrimination in housing is an unfortunate reality in the United States. (2003). . These kinds of requirements are often referred to as express classifications, and are the clearest form of direct evidence. Since its adoption over thirty years ago, lower courts have mainly adopted an interpretation of the Fair Housing Act that reflects an effort to fulfill its broad legislative purpose. The responsibility of taking care of a pet alone has given new meaning to his life. discriminatory results. Furthermore, individuals who engage in discriminatory housing practices, or knowingly aid or abet such discrimination, may face criminal charges dictated by federal law. Dist., 665 F.3d 524, 548 (3d Cir. 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. Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 2007) (Title VI case where court found that plaintiffs case falls apart because of a failure to locate a similarly situated individual).[16]. She says it is also a reminder for everyone to appreciate all disabilities, including the ones we cannot see. 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. Paul v. Theda Med. The case concerned Jane Cummings, a Texas woman who is deaf and communicates primarily in American Sign Language. House Energy & Commerce Subcommittee Holds Hearing on U.S. Hunton Andrews Kurths Privacy and Cybersecurity. Document Type. Parents Involved in Cmty. 1987) (suggesting that courts may require, in addition to statistical significance, that the observed disparity be substantial). Concerning Cmty. Discrimination of this kind can also lead to segregation and concentrated poverty, harming entire communities. Accordingly, when viewed collectively, the evidence in the record established intentional discrimination based on race. Legislative Package Includes Bills to Advance Biofuels Research, PTO to Begin Issuing Electronic Patent Grants, OSHA to Expand the Use of Instance-by-Instance Penalties. According to the National Fair Housing Alliance research, complaints alleging disability discrimination continue to account for the majority of disputes, while race-based discrimination accounts for nearly 20% of them. In general, when higher damages are requested then its more likely that testimony from a medical professional will be necessary to support the increased award. Accessibility Statement. > Bn c cn gip bng ngn ng khc khng ? L. J. 1984). This case also illustrates the kinds of evidence relevant to each of the Arlington Heights factors described above: Impact. Dist. Aerospace & Agric. (Title VI . While Title VI does not expressly include a pattern or practice claim, principles developed in these contexts and discussed below can nevertheless inform the investigation and analysis of Title VI claims.