Civil Rights Act of 1964Civil Rights Act of 1964Title VITitle VI Compliance Compliance (6/11)(6/11)

Training Approved by:Training Approved by:

TennesseeTennessee DepartmentDepartment

of of

Intellectual and Developmental DisabilitiesIntellectual and Developmental Disabilities

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ObjectivesObjectives

This course will include:This course will include:

A Historical basis for the Civil Rights Act of 1964;A Historical basis for the Civil Rights Act of 1964; An overview of Title VI of the Civil Rights Act of An overview of Title VI of the Civil Rights Act of

1964;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; Overview of Limited English Proficiency Overview of Limited English Proficiency

Requirements; andRequirements; 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 privileges Civil Rights are enforceable rights or privileges guaranteed by the U.S. Constitution, which if guaranteed by the U.S. Constitution, which if interfered with by another gives rise to an action interfered with by another gives rise to an action for injury.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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CIVIL RIGHTS MOVEMENTCIVIL RIGHTS MOVEMENT

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

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Separate Public Facilities were found throughout the South

Rosa Parks refused to give up her seat at the front of the “colored section” of the bus, defying a southern custom of the time. In response to her arrest, the Montgomery black community launched a bus boycott, which lasted for more than a year, until the buses were desegregated Dec. 21, 1956

In 1961 the Congress of Racial Equality (CORE) began sending student volunteers on bus trips to test the implementation of new laws prohibiting segregation in interstate travel facilities.

The Freedom Rides

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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 and Interstate bus and train train traveltravel

1962 1962 United Farm Workers Union United Farm Workers Union was was established to protest poor established to protest poor

working conditions and working conditions and for civil for civil rights for rights for Mexican AmericansMexican Americans

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

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Strike Call--Strike Call--Picketers gather at Picketers gather at edge of a grape edge of a grape field at Delano to field at Delano to urge workers, urge workers, foreground, to join foreground, to join the strike. The word the strike. The word "Huelga" is Spanish "Huelga" is Spanish for strike.for strike.

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In calling for its enactment, President In calling for its enactment, President John F. Kennedy identified “simple John F. Kennedy identified “simple

justice” as the justification for passage justice” as the justification for passage

of the Civil Rights Act of 1964.of the 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 discrimination. Direct discrimination by Federal, State, or local governments is Federal, State, or local governments is prohibited by the Constitution. But indirect prohibited by the Constitution. But indirect discrimination, through the use of Federal discrimination, through the use of Federal funds is as invidious*; and it should not be funds is as invidious*; and it should not be necessary to resort to the courts to prevent necessary to resort to the courts to prevent each individual violation.”each individual violation.”

Invidious means offensive, unpleasant, odious

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On July 2,1964, after much debate, President Lyndon B. Johnson On July 2,1964, after much debate, President Lyndon B. Johnson signed the Civil Rights Act into lawsigned 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 IBarred unequal application of voter registration requirements, but Barred unequal application of voter registration requirements, but did not abolish literacy tests sometimes used to disqualify voters.did not abolish literacy tests sometimes used to disqualify voters.

Title IITitle II Outlawed discrimination in hotels, motels, restaurants, theaters, Outlawed discrimination in hotels, motels, restaurants, theaters,

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

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

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

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

Title VIIITitle VIII Authorizes the Secretary of Commerce to compile registration and Authorizes the Secretary of Commerce to compile registration and

voting statistics in geographic areas as recommended by the voting statistics in geographic areas as recommended by the Commission on Civil Rights. Commission on Civil Rights.

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

Title XTitle X Establishment of Community Relations Service. Establishment of Community Relations Service.

Title XI Title XI MiscellaneousMiscellaneous

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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 VI Title 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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What is What is Title VI Title VI ??

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

Civil Rights Act of 1964Civil Rights Act of 1964

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What is What is Title VI Title VI ??

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

Civil Rights Act of 1964Civil Rights Act of 1964

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What constitutes a program or activity?What constitutes a program or 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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Many programs have two recipients

The primary recipient directly receives the Federal financial assistance. The primary recipient then

distributes the Federal assistance to a sub-recipient to carry out a program. Both the primary recipient and sub-recipient are covered by and must conform their actions

to Title VI.

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ExampleExample

US Department of Health and Human Services(HHS/CMS)

Tennessee Dept. of Finance and Administration Bureau of TennCare

Tennessee Department of Intellectual and Developmental Disabilities

(DIDD)

DIDD Service Providers

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Federal financial assistance includes:Federal financial assistance 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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FOR TITLE VI TO APPLY:FOR TITLE VI TO APPLY:

1.1. The program or agency must be located The program or agency must be located within the United States. within the United States. 2.2. The program or agency must be The program or agency must be

providing aproviding a service.service.

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

federal funding or assistance. federal funding or assistance.

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Tennessee Tennessee Attorney General’s Opinion #92.47Attorney General’s Opinion #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 OpinionAttorney General’s Opinion

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.

Tennessee Code AnnotatedTennessee Code Annotated (TCA)(TCA)

4-21-9044-21-904It 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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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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What Constitutes What Constitutes Discriminatory Conduct?Discriminatory Conduct?

Denying any individual services, Denying any individual services, opportunities, or other benefits for opportunities, or other benefits for which that individual is otherwise which that individual is otherwise qualified;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 provided to others in a program because of race, color, or national because of race, color, or national origin;origin;

Segregating individuals solely because Segregating individuals solely because of race, color, or national originof race, color, or national origin;;

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Prohibited PracticesProhibited Practices

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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EXAMPLEEXAMPLE

A State health department receives $372,000 in Federal funds from the Department of Health and Human Services to be distributed to private hospitals for emergency room services.

Is the hospital required to comply with Title

VI of the Civil Rights Act of 1964? Yes No

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

33.. 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)

..

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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.

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Key to Key to Title VITitle VI Compliance Compliance

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 violation or complaint, please contact your complaint, please contact your

agency’sagency’s Title VITitle VI Coordinator Coordinator

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Summary

Civil rights are personal rights guaranteed and protected by the U.S. Constitution and federal laws enacted by Congress, such as the Civil Rights Act of 1964. All persons in the United States have civil rights under the constitution and appropriate laws.

Title VI of the Civil Rights Act of 1964 is a national law that protects persons from discrimination based on their race, color, or national origin in programs and activities that receive Federal financial assistance.

A provider agency receiving funding from DIDD may not, based on race, color, or national origin: Deny services, financial aid or other benefits provided as a part of health or human service programs. Provide a different service, financial aid or other benefit, or provide them in a different manner from those provided to others under the program. Segregate or separately treat individuals in any matter related to the receipt of any service, financial aid or other benefit.