Civil Rights Act of 1964Civil Rights Act of 1964Title VITitle VI Compliance Compliance (6/08)(6/08)

Training Approved by:Training Approved by:

TennesseeTennessee DepartmentDepartment

of of

Finance and AdministrationFinance and Administration

Division of Intellectual Disabilities Services Division of Intellectual Disabilities Services

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GoalGoal

To protect the civil rights of service To protect the civil rights of service recipients and to ensure equal access recipients and to ensure equal access to programs, activities, and services to programs, activities, and services regardless of race, color, or national regardless of race, color, or national

origin.origin.

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ObjectivesObjectives

This course will include:This course will include:

Historical basis for the Civil Rights Act of 1964,Historical basis for the Civil Rights Act of 1964, Prohibited practices under Title VI of the Civil Prohibited practices under Title VI of the Civil

Rights Act of 1964,Rights Act of 1964, DMRS service provider DMRS service provider Title VITitle VI requirements requirements

and responsibilities, andand responsibilities, and How to report a How to report a Title VI Title VI violation. violation.

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CIVIL RIGHTSCIVIL RIGHTS

Civil Rights are enforceable rights or Civil Rights are enforceable rights or privileges guaranteed by the 13privileges guaranteed by the 13thth and 14 and 14thth Amendments to the U.S. Constitution, which Amendments to the U.S. Constitution, which if interfered with by another gives rise to an if interfered with by another gives rise to an action for injury.action for injury.

EXAMPLES:EXAMPLES: Freedom of SpeechFreedom of SpeechFreedom of AssemblyFreedom of AssemblyRight to VoteRight to VoteFreedom from Involuntary Freedom from Involuntary

ServitudeServitudeEquality in Public PlacesEquality in Public Places

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DISCRIMINATIONDISCRIMINATION

DiscriminationDiscrimination occurs when an occurs when an individual’s civil rights are denied or individual’s civil rights are denied or interfered with because of their interfered with because of their membership in a particular group or membership in a particular group or class.class.

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CIVIL RIGHTS MOVEMENTCIVIL RIGHTS MOVEMENT

The American The American Civil Rights Movement Civil Rights Movement is is one of the most momentous epics in one of the most momentous epics in the history of the American Republic. the history of the American Republic. The most active period of the The most active period of the Civil Civil RightsRights MovementMovement was between 1954, was between 1954, Brown vs. Topeka Board of Education, Brown vs. Topeka Board of Education, and 1965, passage of the Voting Rights and 1965, passage of the Voting Rights Act of 1965. Act of 1965.

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CIVIL RIGHTS MOVEMENT CIVIL RIGHTS MOVEMENT (cont.)(cont.)

Studies show that in 1991 less than Studies show that in 1991 less than one-third of Americans had firsthand one-third of Americans had firsthand memories of the events of the 1950s memories of the events of the 1950s and the 1960s that encompassed the and the 1960s that encompassed the most active period of the most active period of the Civil Rights Civil Rights MovementMovement..

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Civil Rights Movement Civil Rights Movement (cont.)(cont.)

1954 Brown vs the Board of 1954 Brown vs the Board of EducationEducation

1955-56 Montgomery Bus Boycott1955-56 Montgomery Bus Boycott 1957 Little Rock Arkansas Central 1957 Little Rock Arkansas Central

High School High School

Separate public facilitiesSeparate public facilities

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Rosa Parks refused to give up her seat at the front of the "colored Rosa Parks refused to give up her seat at the front of the "colored section" of a bus, defying a southern custom of the time. In response section" of a bus, defying a southern custom of the time. In response

to her arrest the Montgomery black community launches a bus to her arrest the Montgomery black community launches a bus boycott, which will last for more than a year, until the buses were boycott, which will last for more than a year, until the buses were

desegregated Dec. 21, 1956 desegregated Dec. 21, 1956

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Civil Rights Movement Civil Rights Movement (cont.)(cont.)

1959-1963 Lunch Counter Sit-Ins1959-1963 Lunch Counter Sit-Ins 1961 “Freedom Rides” organized by 1961 “Freedom Rides” organized by

the the Congress of Racial Equality Congress of Racial Equality (CORE) (CORE) to expose illegal to expose illegal segregation segregation practices on practices on Interstate bus or train Interstate bus or train travel travel

1962 1962 United Farm Workers Union United Farm Workers Union established to for protest established to for protest

working working conditions and civil conditions and civil rights for rights for Mexican American Mexican American

Cesar Chavez founded the United Cesar Chavez founded the United Farm Workers Association in 1962Farm Workers Association in 1962

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United Farm Worker's United Farm Worker's strike in Delano strike in Delano (Calif.): Strike Call--(Calif.): Strike Call--Picketers gather at Picketers gather at edge of grape field at edge of grape field at Delano to urge Delano to urge workers, foreground, workers, foreground, to join the strike, . The to join the strike, . The word "Huelga" is word "Huelga" is Spanish for strikeSpanish for strike

1961 CORE began sending student volunteers 1961 CORE began sending student volunteers on bus trips to test the implementation of new on bus trips to test the implementation of new laws prohibiting segregation in interstate travel laws prohibiting segregation in interstate travel

facilities. facilities.

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The Civil Rights Act ofThe Civil Rights Act of 1964 was a 1964 was a product of the growing demand, product of the growing demand, from civil rights leaders, for the from civil rights leaders, for the Federal Government to launch a Federal Government to launch a nationwide offensive against nationwide offensive against racial discrimination.racial discrimination.

In calling for its enactment, In calling for its enactment, President John F. Kennedy President John F. Kennedy identified “simple justice” as the identified “simple justice” as the justification for passage of the justification for passage of the

Civil Rights Act of 1964.Civil Rights Act of 1964.

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JFK’s “Simple Justice” JFK’s “Simple Justice”

““Simple justice requires that public funds, to Simple justice requires that public funds, to which all taxpayers of all races contribute, not which all taxpayers of all races contribute, not

be spent in any fashion which encourages, be spent in any fashion which encourages, entrenches, subsidizes, or results in racial entrenches, subsidizes, or results in racial

discrimination. Direct discrimination by Federal, discrimination. Direct discrimination by Federal, State, or local governments is prohibited by the State, or local governments is prohibited by the

Constitution. But indirect discrimination, Constitution. But indirect discrimination, through the use of Federal funds is as invidious; through the use of Federal funds is as invidious; and it should not be necessary to resort to the and it should not be necessary to resort to the

courts to prevent each individual violation.”courts to prevent each individual violation.”

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On July 2,1964, after much debate, President Lyndon B. On July 2,1964, after much debate, President Lyndon B. Johnson signed the Civil Rights Act into lawJohnson signed the Civil Rights Act into law..

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The Civil Rights Act of 1964 was broad in scope and covered those entities receiving federal funds, places of public accommodation such as bus stations, restrooms and restaurants. It prohibited discrimination on the basis of race, color, religion and national origin. However, the Civil Rights Act of 1964 did not protect people with disabilities. Discrimination against people with disabilities would not be addressed until 1973 when Section 504 of the Rehabilitation Act of 1973 became law and later still in 1990 when the ADA was passed.

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The Civil Rights Act of 1964 has several sections or The Civil Rights Act of 1964 has several sections or “Titles”.“Titles”.• Title ITitle I

Barred unequal application of voter registration requirements, but did not Barred unequal application of voter registration requirements, but did not abolish literacy tests sometimes used to disqualify voters.abolish literacy tests sometimes used to disqualify voters.

• Title IITitle II Outlawed discrimination in hotels, motels, restaurants, theaters, and all Outlawed discrimination in hotels, motels, restaurants, theaters, and all

other public accommodations engaged in interstate commerce; exempted other public accommodations engaged in interstate commerce; exempted private clubs without defining "private," thereby allowing a loophole..private clubs without defining "private," thereby allowing a loophole..

• Title IIITitle IIIEncouraged the desegregation of public schools and authorized the U. S. Encouraged the desegregation of public schools and authorized the U. S. Attorney General to file suits to force desegregation, but did not authorize Attorney General to file suits to force desegregation, but did not authorize busing as a means to overcome segregation based on residence.busing as a means to overcome segregation based on residence.

• Title IVTitle IVAuthorized but did not require withdrawal of federal funds from programs Authorized but did not require withdrawal of federal funds from programs which practiced discriminations.which practiced discriminations.

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• Title VTitle V Outlines Civil Rights Commissions duties and responsibilities.Outlines Civil Rights Commissions duties and responsibilities.

• Title VITitle VI Prohibited discrimination in federally assisted programs.Prohibited discrimination in federally assisted programs.

• Title VIITitle VIITitle VII outlaws discrimination in employment in any business on the basis of race, Title VII outlaws discrimination in employment in any business on the basis of race, national origin, gender, or religion. Title VII also prohibits retaliation against national origin, gender, or religion. Title VII also prohibits retaliation against employees who oppose such unlawful discrimination.employees who oppose such unlawful discrimination.

• Title VIIITitle VIII Authorizes the Secretary of Commerce to compile registration and voting statistics in Authorizes the Secretary of Commerce to compile registration and voting statistics in

geographic areas as recommended by the Commission on Civil Rights. geographic areas as recommended by the Commission on Civil Rights.

• Title IXTitle IX Intervention and procedure after removal in Civil Rights Cases.Intervention and procedure after removal in Civil Rights Cases.

• Title XTitle XEstablishment of Community Relations Service. Establishment of Community Relations Service.

• Title XITitle XIMiscellaneous Miscellaneous

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Title VITitle VI was not the first attempt to ensure was not the first attempt to ensure non-discrimination in federally assisted non-discrimination in federally assisted programs. For example, various prior programs. For example, various prior Executive Orders prohibited racial Executive Orders prohibited racial discrimination in:discrimination in:

U.S. Armed Forces,U.S. Armed Forces,

Employment by federally funded Employment by federally funded construction contractors, andconstruction contractors, and

Federally assisted housing.Federally assisted housing.

Various federal court decisions also served Various federal court decisions also served to eliminate discrimination in individual to eliminate discrimination in individual federally assisted programs. federally assisted programs.

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What is What is Title VITitle VI ??

““No No personperson in the United States shall on in the United States shall on the basis of race, color or national origin, the basis of race, color or national origin, be excluded from participation in, be be excluded from participation in, be denied benefits of, or be subjected to denied benefits of, or be subjected to discrimination under any program or discrimination under any program or activity receiving Federal financial activity receiving Federal financial assistance.” assistance.”

Civil Rights Act of 1964Civil Rights Act of 1964

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FOR TITLE VI TO APPLY:FOR TITLE VI TO APPLY:

1.1. The program or agency must be locatedThe program or agency must be located within the United States. within the United States. 2.2. The program or agency must be providing aThe program or agency must be providing a service.service.

3.3. The program or agency must be receiving The program or agency must be receiving direct (recipient) or indirect (sub- direct (recipient) or indirect (sub-

recipient)recipient) federal funding or assistance. federal funding or assistance.

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What constitutes a program or What constitutes a program or activity?activity?

A department, agency or other A department, agency or other instrumentality of a state or local instrumentality of a state or local government.government.

The entity of such a state or local The entity of such a state or local government that distributes assistance government that distributes assistance and each department or agency to and each department or agency to which assistance is extended. which assistance is extended.

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Federal financial assistance Federal financial assistance includes:includes:

• GrantsGrants

• Loans, below fair market valueLoans, below fair market value

• Use of equipmentUse of equipment

• Training Training

• Detail of federal personnelDetail of federal personnel

• Surplus propertySurplus property

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Tennessee Tennessee Attorney General’s Opinion Attorney General’s Opinion #92.47#92.47 • QuestionQuestion: Are state agencies, local : Are state agencies, local

government entities, private and government entities, private and non-profit corporations that receive non-profit corporations that receive direct or indirect federal assistance direct or indirect federal assistance subject to Title VI of the Civil Rights subject to Title VI of the Civil Rights Act of 1964 and the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987?Restoration Act of 1987?

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Tennessee Tennessee Attorney General’s Attorney General’s OpinionOpinion• OpinionOpinion: State and local agencies or : State and local agencies or

corporations which receive federal corporations which receive federal financial assistance are subject to financial assistance are subject to the restrictions of Title VI of the Civil the restrictions of Title VI of the Civil Rights Act of 1964 and the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987.Rights Restoration Act of 1987.

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On May 31, 1993, the state of Tennessee On May 31, 1993, the state of Tennessee became the first state to pass legislation became the first state to pass legislation enforcing enforcing Title VITitle VI compliance in all of its compliance in all of its departments, programs, agencies. departments, programs, agencies.

Sub-recipients are also required to comply Sub-recipients are also required to comply with Title VI of the Civil Rights Act of 1964, with Title VI of the Civil Rights Act of 1964, when federal funds are passed from a when federal funds are passed from a

recipient to a sub-recipient.recipient to a sub-recipient.

Tennessee Code AnnotatedTennessee Code Annotated (TCA)(TCA)

4-21-9044-21-904

It is a discriminatory practice for any It is a discriminatory practice for any state agency receiving federal funds, state agency receiving federal funds,

making it subject to Title VI of the Civil making it subject to Title VI of the Civil Rights Act of 1964, or for any person Rights Act of 1964, or for any person receiving such federal funds from a receiving such federal funds from a

state agency, to exclude a person from state agency, to exclude a person from participation in, deny benefits to a participation in, deny benefits to a person, or to subject a person to person, or to subject a person to

discrimination under any program or discrimination under any program or activity receiving such funds, on the activity receiving such funds, on the

basis of race, color, or national origin.  basis of race, color, or national origin. 

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Prohibited PracticesProhibited Practices

Denying any individual services, Denying any individual services, opportunities, or other benefits for which opportunities, or other benefits for which that individual is otherwise qualified;that individual is otherwise qualified;

Providing any service or benefit in a Providing any service or benefit in a different manner from that which is different manner from that which is provided to others in a program because provided to others in a program because of race, color, or national origin;of race, color, or national origin;

Segregating service recipients solely Segregating service recipients solely because of race, color, or national origin;because of race, color, or national origin;

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Prohibited Prohibited PracticesPractices

Restricting access to program services or Restricting access to program services or benefits because of race, color, or national benefits because of race, color, or national origin;origin;

Adopting methods of administration which Adopting methods of administration which would limit participation by any group of would limit participation by any group of recipients or subject them to discrimination;recipients or subject them to discrimination;

Addressing an individual in a manner that Addressing an individual in a manner that denotes inferiority because of race, color, or denotes inferiority because of race, color, or national origin.national origin.

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Title VITitle VI does not apply to: does not apply to:

1.1. Employment, except where the purpose of Employment, except where the purpose of the federal assistance is to provide the federal assistance is to provide employment.employment.

2.2. Relief for discrimination based on age, Relief for discrimination based on age, sex, geographical locale or wealth.sex, geographical locale or wealth.

3.3. Direct benefit programs such as Social Direct benefit programs such as Social Security.Security.

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Limited English Proficiency Limited English Proficiency (LEP)(LEP)

Limited English Proficient Limited English Proficient (LEP) (LEP)

Individuals who do not speak Individuals who do not speak English as their primary English as their primary language and who have a language and who have a limited ability to read, speak, limited ability to read, speak, write, or understand English. write, or understand English.

These individuals may be These individuals may be

entitled to language assistance entitled to language assistance with respect to a particular type with respect to a particular type or service, benefit, or encounter.or service, benefit, or encounter.

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LEP RequirementsLEP Requirements Recipients and sub-recipients of federal assistance are Recipients and sub-recipients of federal assistance are

required to take reasonable steps to ensure meaningful required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. access to their programs and activities by LEP persons. Four factors that should be considered:Four factors that should be considered:

1.1. The number or proportion of LEP persons eligible to be The number or proportion of LEP persons eligible to be

served or likely to be encountered by the program or served or likely to be encountered by the program or grantee;grantee;

2.2. The frequency with which LEP individuals come in contact The frequency with which LEP individuals come in contact with the program; with the program;

3.3. The nature and importance of the program, activity, or The nature and importance of the program, activity, or service provided by the program to people's lives; andservice provided by the program to people's lives; and

4.4. The resources available to the grantee/recipient or The resources available to the grantee/recipient or

agency, and costs. agency, and costs.

DMRSDMRS

Service Provider RequirementsService Provider Requirements

AllAll DMRS service providers must DMRS service providers must have a mechanism for advising have a mechanism for advising service recipients of their rights service recipients of their rights under Title VI of the Civil Rightsunder Title VI of the Civil Rights

Act of 1964 and how to file a Act of 1964 and how to file a discrimination complaint.discrimination complaint.

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DMRSDMRS Service Provider Requirements Service Provider Requirements

(cont.)(cont.)

Title VITitle VI posters must be displayed in posters must be displayed in a conspicuous place and accessible a conspicuous place and accessible to all service recipients.to all service recipients.

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DMRSDMRS Service Provider Service Provider Requirements Requirements (cont.)(cont.)

Residential service providers must Residential service providers must ensure that room/housing ensure that room/housing assignments and transfers are made assignments and transfers are made without regard to race, color, or without regard to race, color, or national origin.national origin.

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DMRSDMRS Service Provider Requirements Service Provider Requirements (cont.)(cont.)

Employee Training Requirements:Employee Training Requirements: • All service providers must orient their All service providers must orient their

employees to employees to Title VITitle VI requirements within requirements within the first sixty (60) days of employment.the first sixty (60) days of employment.

• All service provider employees must All service provider employees must

receive receive Title VITitle VI training on an annual basis. training on an annual basis.

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Key to Key to Title VITitle VI ComplianceCompliance

Ensure that service recipients receiveEnsure that service recipients receive equal treatment equal treatment equal accessequal access equal rightsequal rights equal opportunitiesequal opportunities

without regard to their race, color,without regard to their race, color,

national origin, includingnational origin, including

Limited English Proficiency (LEP).Limited English Proficiency (LEP).

How to report a Title VI violation or How to report a Title VI violation or

complaintcomplaint::

To report a To report a Title VITitle VI violation or complaint, please contact your violation or complaint, please contact your agency’sagency’s

Title VITitle VI Coordinator Coordinator

or or

DMRS Regional DMRS Regional Title VITitle VI Coordinator Coordinator

Complaints can also be submitted to:Complaints can also be submitted to:

Brenda Clark, DirectorBrenda Clark, DirectorOffice of Civil RightsOffice of Civil Rights

Department of Finance and Administration,Department of Finance and Administration,Division of Intellectual Disabilities ServicesDivision of Intellectual Disabilities Services

500 Deaderick Street, 15500 Deaderick Street, 15thth Floor Andrew Jackson Building Floor Andrew Jackson BuildingNashville, TN 37243Nashville, TN 37243

1-800-535-97251-800-535-9725