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TITLE VI PROGRAM 2012 ANNUAL TRAINING Presented by: M.J. Thomas, Title VI Program Director Tennessee Human Rights Commission
TITLE VI PROGRAM 2012 ANNUAL
TRAININGPresented by:
M.J. Thomas, Title VI Program Director
Tennessee Human Rights Commission
Agenda
Overview of Title VI Definitions Examples of Programs & Services Discriminatory practices Disparate Treatment vs. Disparate Impact National Origin / Limited English Proficiency (LEP)
Title VI Compliance Program
Compliance Review
Tennessee Human Rights Commission
Title VI of the Civil Rights Act of 1964
“No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination
underany program or activity receiving Federal financial assistance.”
42 U.S.C. § 2000d
Tennessee Human Rights Commission
Tenn. Code Ann. § 4-21-904
It is a discriminatory practice for any state agency receiving federal funds making it subject to Title VI of the Civil Rights Act of 1964, or for any person receiving such federal funds from a state agency, to exclude a person from participation in, deny benefits to a person, or to subject a person to discrimination under any program or activity receiving such funds, on the basis of race, color, or national origin.
Tennessee Human Rights Commission
OverviewDefinitionsWhat is Federal financial assistance (FFA)?FFA includes the following:
Award or grant of money; Loans, below fair market value or subsidies; Any Federal agreement, arrangement, or other
contract which has as one of its purposes the provision of assistance;
Surplus property; Training ; and, Detail of federal personnel.
Tennessee Human Rights Commission
Overview
Definitions
Not considered FFA:
Licenses Procurement Direct unconditional
assistance to private citizens receiving Federal financial assistance (i.e. Supplemental Security Income or SSI)
Tennessee Human Rights Commission
Overview
Definitions Recipients
1. Primary Recipient – receives FFA directly from a federal entity and may transfer or distribute assistance to a subrecipient.
2. Subrecipient—receives FFA from a primary recipient and distributes assistance to an ultimate beneficiary. Subrecipients may be contractors, subcontractors or grantees.
Beneficiaries – means individuals and/or entities that directly or indirectly receive an advantage through the operation of a Federal program (e.g., Recipients of DHS benefits).
Tennessee Human Rights Commission
Overview
Definitions Program or Activity
1. Separately and broadly defined in section 606, 42 § 2000d-4a
Covers all the operations of a recipient/department/agency.
2. Under the Civil Rights Restoration Act of 1987, if one portion of a recipient’s program or activity receives Federal Financial Assistance, then all the operations of the entity must comply with the nondiscrimination statues, including Title VI.
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Examples of Programs & Services
Elementary, secondary, and higher education
Health care, social services, and public welfare
Public transportation Parks and recreation Natural resources and the environment Employment and job training Housing and community development Law enforcement and administration of
justice Agriculture and nutrition Court proceedings and operations
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Discriminatory Practices Denying an individual any program services,
financial aid, or benefits; Providing a different service, aid, or benefit, or
providing them in a manner different than they are provided to others; or,
Segregating or treating individuals separately in any matter related to receiving any program service, aid, or benefit.
RETALIATION occurs when a recipient or another person intimidates, threatens, coerces, or discriminates against any individual for the purpose of interfering with any right or privilege secured by Title VI, or because a person made a complaint, testified, assisted, or participated in any manner in an investigation or proceeding under Title VI.Tennessee Human Rights
Commission
Disparate Treatment
Disparate Treatment – Similarly situated persons are treated differently (i.e., less favorably) than others based, at least in part, on their race, color and/or national origin.
Tennessee Human Rights Commission
Disparate Treatment
You must establish a prima facie case:1. Complainant was part of a protected class;2. Complainant applied for, and was eligible for,
a federally assisted program that was accepting applications;
3. Complainant, despite being eligible, was rejected; and
4. After rejection, program remained open and recipient accepted applications for the program from persons in other classes with similar eligibility qualifications.
Tennessee Human Rights Commission
Disparate Treatment
Example:Private College receives a federally funded grant from State Higher Education Agency to provide research-based professional development and continuing education for K-12 teachers and principals. Nadia Bey, who wears a hijab, applies to Private College and is told during an interview that she would not be permitted to wear the hijab in class. Her application is later denied.
Tennessee Human Rights Commission
Disparate Impact
Disparate impact – means discrimination that occurs as a result of a neutral policy which appears harmless on the surface, but negatively affects a group of people.
Elements A facially neutral policy or practice caused a
disproportionate and adverse effect on members of a protected class
Requires a comparison of the effects of the policy or practice on the relevant protected class relative to the effects on others
May be shown through statistics or other evidence of a significant adverse impact upon the relevant protected class
Tennessee Human Rights Commission
Disparate Impact
After a prima facie case is established, the recipient/subrecipient must provide a substantial legitimate justification for the policy/practice.
If the recipient/subrecipient provides a substantial legitimate justification, the investigative agency must show that a less discriminatory alternative was available.
Tennessee Human Rights Commission
Examples of Policies having a Disparate Impact
Implementing service reductions or fare increases for bus transportation that disproportionately effect minority communities.
English-only state driver’s license examinations: United States Department of Transportation, Office of Civil Rights issues guidance in 2001 which states that the inability of LEP persons to obtain driver’s licenses presents serious problems.
Institution A receives a grant to provide a physical oceanography course, which includes scuba training. The scuba program does not permit students with beards to participate in the course.
Tennessee Human Rights Commission
National Origin/Limited English Proficiency
(LEP)
Who are Limited English Proficient persons?
Persons who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English.
Tennessee Human Rights Commission
LEP Guidance
Recipients and subrecipients of FFA are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons.
Title VI State Policy Guidance #11-02 (June
2011) Tennessee Human Rights Commission
Tennessee Human Rights Commission
LEP Guidance
To determine extent of obligation to provide meaningful access, apply a four (4) factor analysis:
1. The number or proportion of LEP persons;2. Frequency of contact with the program;3. Nature and importance of the program;
and,4. Resources available.
Tennessee Human Rights Commission
Languages Spoken in Tennessee
Total Population = 6,346,105 328,390 (or 5% of the total population in
TN) speak a language other than English at home.
147,596 speak English less than “Very Well.”
2010 US Census
Tennessee Human Rights Commission
Languages Spoken in Tennessee
Top Languages Spoken At Home:
(other than English)1. Spanish2. German3. Arabic4. Chinese /or a combinationof several African languages5. Korean
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LEP Guidance
Effective LEP Plans should have procedures that involve:
Identification of LEP individuals Providing language assistance measures Training to ensure that staff understands the
obligation to provide meaningful access to services
Providing Notice to LEP individuals Monitoring and Updating LEP Plan
Tennessee Human Rights Commission
Title VI Compliance Program
Title VI Compliance Program Rules – 1500-01-03
Application/Responsibilities Assurances Investigations Training requirements Compliance monitoring and Implementation
Plan content
Tennessee Human Rights Commission
Title VI Compliance Program
Why is this program important? Ensures consistency across
departments statewide. Serves as resource for technical
assistance. Provides risk management to
prevent loss of federal funding for noncompliance.
Tennessee Human Rights Commission
Compliance Review
The Commission will audit, review, evaluate and report on efforts and outcomes for each state department and agency subject to Title VI.
The Commission’s goal is to conduct on-site compliance visits of five (5) departments per fiscal year.
A department will receive 30 days notice before a scheduled on-site visit.
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