Title VI Program Annual Training_7_11_12

Report
Presented by:
M.J. Thomas, Title VI Program Director
Tennessee Human Rights Commission
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Overview of Title VI
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Definitions
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Examples of Programs & Services
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Discriminatory practices
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Disparate Treatment vs. Disparate Impact
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National Origin / Limited English Proficiency (LEP)
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Title VI Compliance Program
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Compliance Review
Tennessee Human Rights Commission
“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.”
42 U.S.C. § 2000d
Tennessee Human Rights Commission
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
Definitions
What is Federal financial assistance (FFA)?
FFA includes the following:
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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
Definitions
Not considered FFA:
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Licenses
Procurement
Direct unconditional
assistance to private citizens
receiving Federal financial
assistance (i.e. Supplemental
Security Income or SSI)
Tennessee Human Rights Commission
Definitions
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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
Definitions
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Program or Activity
1.
Separately and broadly defined in section 606, 42 § 2000d-4a
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2.
Covers all the operations of a recipient/department/agency.
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.
Tennessee Human Rights Commission
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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
Tennessee Human Rights Commission
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.
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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
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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
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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
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
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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.
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Elements
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A facially neutral policy or practice caused a
disproportionate and adverse effect on members of a
protected class
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Requires a comparison of the effects of the policy or
practice on the relevant protected class relative to the
effects on others
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May be shown through statistics or other evidence of a
significant adverse impact upon the relevant protected
class
Tennessee Human Rights Commission
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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
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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
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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
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
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To determine extent of obligation to provide
meaningful access, apply a four (4) factor
analysis:
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.
1.
Tennessee Human Rights Commission
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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
Top Languages Spoken At Home:
(other than English)
1. Spanish
2. German
3. Arabic
4. Chinese /or a combination
of several African languages
1. Korean
Tennessee Human Rights Commission
Effective LEP Plans should have procedures
that involve:
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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 Rules – 1500-01-03
 Application/Responsibilities
 Assurances
 Investigations
 Training requirements
 Compliance monitoring and Implementation Plan
content
Tennessee Human Rights Commission
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
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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.
Tennessee Human Rights Commission

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