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While IANAL... There is a difference between general admission and "programs or activities that receive Federal financial assistance". While I'm not saying thi
by mfer 7y ago
While IANAL...
There is a difference between general admission and "programs or activities that receive Federal financial assistance". While I'm not saying this is right, it appears to be the current letter of the law. If, for example, race were a determining factor in who works on one of the R&D projects at Harvard that is funded by federal money it would be different than this situation.
Does each student at Harvard get federal financial assistance through Harvard? Not state financial assistance but federal. The different matters to the letter of the law.
It looks like the devil is in the details.
- javagram 7y agoAlmost every college is subject to this law because they accept federal grants and loans for students during the admissions process. There are only a few conservative religious schools that are exceptions. They refuse all federal funds to prevent such laws applying. See https://en.wikipedia.org/wiki/Grove_City_College_v._Bell https://en.wikipedia.org/wiki/Grove_City_College_v._Bell
- mfer 7y agoThanks for the pointer. It also says... > However, the Court also held that the regulation would apply only to the institution's financial aid department, not to the school as a whole.
- javagram 7y agoYes, but that part of the decision was overruled as noted on the page: > The decision by the Supreme Court was effectively overturned when the United States Congress subsequently passed the Civil Rights Restoration Act of 1987, which specified that recipients of federal funds must comply with civil rights laws in all areas, not just in the particular program or activity that received federal funding.