Office of Criminal Justice Services

Nicole ScozzieDeputy Director614-466-1830

Shelley Langguth, Attorney Advisor

Office for Civil Rights, Office of Justice Programs

$ Civil Rights Obligations

6. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789d); the Victims of Crime Act (42 U.S.C. 10604(e)) ; the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. 5672(b); the Civil Rights Act of 1964 (42 U.S.C. 2000d); the Rehabilitation Act of 1973 (29 U.S.C. 794); the Americans with Disabilities Act of 1990 (42 U.S.C. 12131-34); the Education Amendments of 1972 (20 U.S.C. 1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations).

The applicant also specifically assures and certifies that:

In accordance with federal civil rights laws, the subrecipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws.

Additionally, all grant recipients (including subgrantees or contractors) agree to report any complaints, lawsuits, or findings from a federal or state court or a federal or state Administrative Agency regarding a civil rights finding.

As a grant recipient you must have a PROCESS for the complainant to address his/her concerns.

In addition, you must REPORT all civil rights and EEO findings to both OCJS (your grant coordinator) AND the Office for Civil Rights.

Title VI of the Civil Rights Act of 1964 Program Statutes (e.g., Safe Streets Act,

Victims of Crime Act, JJDPA) Section 504 of the Rehabilitation Act of

1973 Title II of the Americans with Disabilities

Act of 1990 Age Discrimination Act of 1975 Title IX of the Education Amendments of

1972

RaceColor

National OriginReligion

SexDisability

Age

Protected Classes

All aspects of religious practice as well as belief -42 USC 2000e(j)

Includes sincerely held moral or ethical beliefs -29 CFR 1605.1

Definitions

Title VI, 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 under any program or activity receiving Federal financial assistance.

Title VI Prohibits Providing different services to individuals

Denying the opportunity to participate as a member of a planning or advisory body

Selecting the location of a facility with the purpose or effect of excluding individuals

Covers both intentional discrimination as well as recipient practices that have the effect of discrimination.

If a recipient is found to have discriminated and voluntary compliance cannot be achieved, the funding may be terminated OR the matter referred to the DOJ

Deny an individual any service, financial aid, or other benefit provided under your program

Provide any service, financial aid or other benefit to an individual which is different or provided in a different manner from that provided to others in the program

Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid or other benefit under the program

Deny an individual an opportunity to participate in the program or as a member of a planning or advisory body which is an integral part of the program

Safe Streets Act, JJDPA, & VOCA - prohibit discrimination in:

Employment Practices

&

Delivery of Services

Omnibus Crime Control and Omnibus Crime Control and Safe Streets Act of 1968Safe Streets Act of 1968

(OJP Program Statute)

No person in any State shall on the ground of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or denied employment in connection with any programs or activity funded in whole or in part with funds made available under this chapter.

Authorizes the Attorney General to initiate civil litigation to remedy a pattern or practice of discrimination based on race, color, national origin, gender or religion involving services by law enforcement agencies receiving federal financial assistance

Victims of Crime ActVictims of Crime Act

No person shall on the ground of race, color, religion, national origin, handicap, or sex be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with, any undertaking funded in whole or in part with sums made available under this chapter.

Prohibits discrimination of qualified individuals b/c of their disability by any employer or organization that receives federal funding

“Qualified individuals” are persons who meet normal and essential eligibility requirements and can perform job functions with the aid of reasonable accommodation

Section 504 of the Rehabilitation Act of 1973Section 504 of the Rehabilitation Act of 1973

Handicapped person means any person who

has a physical or mental impairment which substantially limits one or more major life activities, OR

has a record of such an impairment, OR

is regarded as having such an impairment

Section 504 of the Rehabilitation Act of 1973Section 504 of the Rehabilitation Act of 1973

A recipient with 50 or more employees and receiving Federal financial assistance from the Justice Department of $25,000 or more must

designate a Section 504 compliance coordinator

adopt grievance procedures

notify program participants, beneficiaries, applicants, employees, unions, organizations with collective bargaining agreements, that recipient does not discriminate on the basis of disability

Prohibits discrimination on the basis of disability for participation in all services, programs, and activities provided to the public by State and local governments (exception – public transportation services)

Title II extends prohibition of discrimination in federally assisted programs established by Section 504

What is a disability under ADA?What is a disability under ADA?

(Same as defined in Section 504 of the Rehabilitation Act of 1973)

Disability means any person who:

has a physical or mental impairment which substantially limits one or more major life activities, OR

has a history or record of such an impairment, OR

is perceived by others as having such an impairment

Each program, service or activity must be operated so that it is readily accessible to and usable by individuals w/ disabilities unless it would result in a fundamental alteration in the nature of a service, program, or activity, or in undue financial and administrative burdens

Complaints can be filed with the appropriate federal agency or in the form of a private lawsuit

Courts may order public entities to make facilities accessible, provide auxiliary aids or services, modify policies, and pay attorney’s fees

The ADA Technical Assistance Program provides direct, free information and technical assistance

Comprehensive Website (www.ada.gov) Toll-Free Information Line: Voice 800-414-0301;

TTY 800-514-0383 Outreach Initiatives Technical Assistance Resources

Prohibits discrimination on basis of sex in any federally funded educational program or activity.

Applies to not only traditional educational institutions (colleges/universities), but also to any training or education program operated by a recipient of federal funds.

Test the courts use to decide if schools are complying with Title IX:

1. Financial aid – amount granted should be relatively equal for males/females

2. Accommodation of interests and abilities – 3. Other areas – opportunities and treatments

afforded sports participants are to be equivalent (but not necessarily identical).

Prohibits discrimination on the basis of age in programs or activities receiving federal funding

Applies to persons of all ages, but does not cover employment discrimination (which is covered by the Age Discrimination in Employment Act)

Exceptions are provided if the program: 1) Provides benefits or assistance to persons

based on age; or 2) Establishes a criterion for participation in age-

related terms; or3) Describes intended beneficiaries or target

groups in age-related terms

Title VI: prohibits discrimination based on 1) race 2) color 3) national origin – covers the agencies’ programs and activities

Program Statutes (Safe Streets Act, Victims of Crime Act, JJDPA) – prohibits discrimination based on 1) race 2) color 3) national origin AND 4) religion 5) sex – covers agencies’ programs, activities AND employment

ADA – prohibits discrimination based on age in program or activities but NOT in employment practices

Title IX –prohibits discrimination based on sex in education or training programs

Is the funding subject to Title VI, Section 504, Safe Streets Act, or other Program Statute?

Does the delivery of services involve a Protected Class?

Is a Protected Class receiving unequal treatment?

Example:

A police department receives OJP funds.

The PD does not have a device to respond to emergency calls from deaf residents.

Deaf residents do not receive the same access as others to police services.

L imited

E nglish

P roficiency

Includes discrimination on the basis of Limited English Proficiency (LEP).

A Limited English Proficient (LEP) person has a first language other than English and a limited ability to read, speak, or understand English.

Take reasonable steps to ensure meaningful access to the programs, services, and information the recipients provide, free of charge.

Establish and implement policies and procedures for language assistance services that provide LEP persons with meaningful access.

1. The number or proportion of LEP persons served or encountered in the eligible service population.

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

3. The nature and importance of the program, activity, or service provided by the program.

4. The resources available to the recipient.

What are language services?

Provide oral language services

Ensure Interpreter Competency

Usually family members, friends, and uncertified co-workers are not appropriate.

Safe Harbor Provision

If 5% or 1,000 (whichever is less) of population is LEP, VITAL documents must be translated

However, if 5% represents fewer than 50, then written notice of free written translation upon request must be provided).

Provide

translation

of written

materials

and

1. A process for identifying LEP persons who need language assistance

2. Information about the available language assistance measures

3. Training for staff

4. Notice to LEP persons5. Monitoring and updating the LEP policy

Comprehensive document which analyzes:◦ an agency’s workforce in comparison

to its relevant labor market data◦ all agency employment practices to

determine their impact on the basis of race, sex, or national origin

A tool used to identify possible problem areas where discrimination may be occurring

Depends on . . . Funding (Safe Streets Act, VOCA, or JJDPA) Status of Organization (e.g., nonprofit) Amount of single award Number of employees

Entity Type

Number of Employees

Dollar Amount

Submit EEOP to OCR

Preparation and/ or Certif. Required

Assurance Required

Send Findings

Educational, Medical, Nonprofit, orIndian Tribe

Does not matter

Does not matter

Does not matter

Does not matter

State or Local Govts. & For-Profit Orgs.

State or Local Govts. & For-Profit Orgs.

State or Local Govts. & For-Profit Orgs.

State or Local Govts. & For-Profit Orgs.

Less than 50

50 or more

50 or more

More than $25,000 & less than $500,000

Less than $25,000

$500,000 or more for one grant

YES prepare and Certify EEOP is on file for review

YESCertifying less than 50 employees

N0

N0

N0

N0

N0

N0

N0

YES

YES

YES

YES YES

YESYES

YES YES

YES

YES

Step-by-step instructions for preparing an EEOP Short Form online at www.ojp.usdoj.gov/ocr

1. If/When there are actual findings of discrimination issued by a state or federal court or a state or federal administrative agency after a due process hearing – must report to your grant coordinator. This includes findings from lawsuits filed under §1983 (color of state law).

2. During a site visit provide the following documents for the monitor to review:

LEP policy review –5 elements present? If 50(+) employees and $25,000 (+) grant –

provide proof of Grievance procedures adopted, consistent with 504 of Rehabilitation Act

EEOP review (if applicable) If operating an education program or activity

Provide proof of Grievance procedures adopted, consisted with Title IX of the Education Amendments

Compliance Coordinator designated?Posting Notifications met?

Office of Criminal Justice Services1-888-448-4842614-466-7782