The federal civil rights laws that OCR enforces prohibit discrimination based on race, color, national origin, sex, disability and age in programs or activities receiving federal financial assistance. All of the federal civil rights laws enforced by OCR also prohibit retaliation. These federal civil rights laws offer protection for people who exercise their civil rights, oppose discrimination, report discrimination, or participate in civil rights investigations or proceedings, including students, siblings, parents, guardians, teachers, counselors, coaches, or third parties advocating for the rights of a student.
In general, retaliation may take the form of intimidation, threats, coercion, or another adverse action that would discourage a reasonable person from exercising civil rights protected under the laws enforced by OCR.
Links to the Regulations that Prohibit Retaliation:
- Title VI -- 34 CFR 100.7(e)
- Title IX -- 34 CFR 106.71
- Section 504 of the Rehabilitation Act of 1973 -- 34 CFR 104.61 (incorporates the retaliation language of the regulations under Title VI)
- Title II of the Americans with Disabilities Act -- 28 CFR 35.134
- Age Discrimination Act -- 34 CFR 110.34
- Boy Scouts of America Equal Access Act -- 34 CFR 108.9 (incorporates the retaliation language of the regulations under Title VI)
OCR issued a resource, Civil Rights Protections Against Retaliation, (2024) PDF (105K) which reminds school communities that all of the federal civil rights laws enforced by OCR prohibit retaliation. The resource explains the key elements of retaliation, outlines how OCR assesses retaliation claims, and provides examples that depending on the facts and circumstances, could raise concerns of unlawful retaliation. Additional resources regarding retaliation are available on OCR's Retaliation webpage.
If you believe that you or someone else experienced discrimination, or that you or someone else was subjected to unlawful retaliation for complaining of discrimination or participating in an investigation or proceeding regarding violations of federal civil rights laws enforced by OCR, or for otherwise asserting rights under the laws enforced by OCR, you can file a complaint using OCR’s Electronic Complaint Assessment System. Complaint forms and other resources are available in languages other than English on OCR’s Resources Available in Other Languages. website