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XXII. Civil Rights

In the event of a formal allegation of Civil Rights discrimination, including those related to employment, or an adverse finding of discrimination against a subrecipient agency by a federal or state court or a federal or state administrative agency, OCJP subrecipients are required to immediately notify the OCJP Title VI coordinator  in writing by completing the Civil Rights Complaint Notification form (See Appendix P: Discrimination Complaint Notification​) within 45 days.

  1.  LAWS THAT PROTECT CIVIL RIGHTS IN FEDERALLY ASSISTED PROGRAMS
    1. Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color, or national origin in the delivery of services or benefits by recipients of federal financial assistance.  42 U.S.C. 2000d; 28 C.F.R. pt. 42, subpt. D.
    2. Section 504 of the Rehabilitation Act of 1973, as amended, prohibits discrimination on the basis of disability in both employment and the delivery of services or benefits by recipients of federal financial assistance.  29 U.S.C. § 79428 C.F.R. pt. 42, subpt. G.
    3. Title II of the Americans with Disabilities Act of 1990, as amended, prohibits discrimination on the basis of disability in both employment and the delivery of services or benefits by public entitiesStatute42 U.S.C. § 12132; 28 C.F.R. pt. 35.Revised ADA Regulations Implementing Title II and Title III
    4. The Age Discrimination Act of 1975, as amended, prohibits discrimination on the basis of age in the delivery of services or benefits by recipients of federal financial assistance.  42 U.S.C. § 6102; 28 C.F.R. pt. 42, subpt. I.
    5. Title IX of the Education Amendments of 1972, as amended, prohibits discrimination on the basis of sex in educational programs or activities receiving federal financial assistance.  20 U.S.C. § 1681; 34 C.F.R. pt. 106.
    6. The Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, prohibits discrimination on the basis of race, color, national origin, sex, or religion in both employment and the delivery of services or benefits by a recipient of federal financial assistance under the Safe Streets Act.  42 U.S.C. § 3789d; 28 C.F.R. pt. 42, subpt. D.
    7. The Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974, as amended, adopts by reference the civil rights provisions of the Safe Streets Act. The JJDPA prohibits discrimination on the basis of race, color, national origin, sex, and religion in both employment and the delivery of services or benefits by recipients of federal financial assistance under the JJDPA.  Recipients of funding under the JJDPA must also comply with the Equal Employment Opportunity Plan (EEOP) requirements of the Safe Streets Act.  42 U.S.C. § 3789(d) ; see also 28 C.F.R. pt. 42, subpt. E.
    8. The Victims of Crime Act (VOCA) of 1984, as amended, prohibits discrimination on the basis of race, color, national origin, sex, religion, or disability in both employment and the delivery of services or benefits by recipients of federal financial assistance under VOCA.  42 U.S.C. § 10604(e)
    9. The Partnerships with Faith-Based and Other Neighborhood Organizations Regulation of the U.S. Department of Justice (DOJ) prohibits faith-based organizations that receive DOJ financial assistance from using federal resources to advance inherently (or explicitly) religious activities such as worship, religious instruction, or proselytization and prohibits discrimination in federally-assisted social service programs based on religion in the delivery of services or benefits. 28 C.F.R. pt. 38see also Exec. Order No. 13,559, 75 Fed. Reg. 71,319 (May 4, 2016) (Fundamental Principles and Policymaking Criteria for Partnerships with Faith-Based and Other Neighborhood Organizations); Exec. Order No. 13,279, 67 Fed. Reg. 77,141 (Dec. 12, 2002) (Equal Protection of the Laws for Faith-Based and Community Organizations).
    10. The Violence Against Women Act (VAWA) of 1994, as amended, prohibits discrimination in programs either funded under the statute or administered by the Office on Violence Against Women, both in employment and in the delivery of services or benefits, based on actual or perceived race, color, national origin, sex, religion, disability, sexual orientation, and  gender identity) (referring to the Safe Streets Act for enforcement). 42 U.S.C. § 13925(b)(13)   
       
  2. PROHIBITION AGAINST DISCRIMINATION FOR RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE
    1. The federal civil rights laws that may apply to OCJP subrecipients collectively prohibit discrimination in both employment and the delivery of services or benefits based on race, color, national origin, sex, religion, or disability.  The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in the delivery of services or benefits. In addition to these, subrecipients of funds under the Violence Against Women Act of 1994, as amended, are prohibited from discriminating on the basis of gender identity or sexual orientation
    2. All subrecipient agencies must identify a compliance coordinator and a procedure for responding to discrimination complaints.  Each agency must submit the name and contact information of the person responsible for reporting all civil rights complaints and findings to OCJP by completing the Certification of Regulations Compliance form as an attachment to its grant contract.
    3. In accordance with Section 504, Title VI, and Title IX requirements, all subrecipient agencies must make available to participants, beneficiaries, and other interested persons information regarding the provisions of these statutes  and their applicability to the program(s) under which the recipient receives Federal financial assistance. To assist agencies in complying with the Title VI requirement OCJP is providing signage to be posted, along with other notices of Civil Rights, in an area accessible to the public. See Appendix C. Agencies are required to post this or similar signage regarding Title VI compliance and procedures for filing a discrimination complaint. 
       
  3. DISCRIMINATION COMPLAINTS
    1. All subrecipient agencies must have written procedures for responding to complaints alleging unlawful discrimination in employment and the delivery of services or benefits on the basis of race, color, religion, national origin, age, sex, disability or, if the agency is a subrecipient of funds under the Violence Against Women Act of 1994, as amended, sexual orientation or gender identity. The agency policy may provide for discrimination complaints to be forwarded to the F & A Civil Rights Coordinator. Instructions for filing a complaint of discrimination in employment and delivery of services directly with the Department of Finance and Administration are on the OCJP website
    2. Agencies or individuals may file complaints of discrimination in employment and the delivery of services or benefits directly with the Tennessee Human Rights Commission (TNHRC) at http://www.tn.gov/humanrights/ or by calling (615) 741-5825, Toll Free: 1-800-251-3589 or Spanish Toll Free Line: 1-866-856-1252.
    3. Agencies or individuals may file complaints of discrimination in employment and the delivery of services or benefits directly with the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights (OCR).  Instructions for filing a complaint may be found on the OCR website at http://www.ojp.usdoj.gov/about/ocr/complaint.htm.
    4. Agencies should have policies prohibiting discrimination related to employment and procedures for filing complaints. Complaints related to employment may be filed with the Tennessee Human Rights Commission (TNHRC) at http://www.tn.gov/humanrights/  or with the Equal Employment Opportunity Commission at https://www.eeoc.gov/employees/charge.cfm.
  4. OBLIGATION TO REPORT DISCRIMINATION COMPLAINT(S) AND FINDING(S) OF DISCRIMINATION
    1. In the event of a formal allegation of civil rights discrimination, including those related to employment, OCJP subrecipients must immediately notify the OCJP Title VI Coordinator by completing the Civil Rights Complaint Notification form (See Appendix P: Discrimination Complaint Notification​)​ within forty-five (45) days.  Subrecipients must report, in writing, the status of any on-going investigations to OCJP. A subrecipient may request exemption or modification of this requirement by submitting a written request to the OCJP Title VI Coordinator.
    2. In the event a federal or state court or a federal or state administrative agency makes an adverse finding of discrimination against a subrecipient agency, after a due-process hearing, on the basis of race, color, national origin, religion, or sex, the subrecipient agency must send a copy of the finding to OCJP within forty-five (45) days.
       
  5. MAINTAINANCE OF CIVIL RIGHTS INFORMATION

    For OCJP staff to determine whether the subrecipient agency is complying with applicable civil rights laws, the subrecipient must maintain statutorily required civil rights statistics on race, national origin, sex, age, and disability for all clients served.  Agencies must permit the OCJP staff reasonable access to the books, documents, papers, and records
     
  6. LANGUAGE-ACCESS SERVICES FOR BENEFICIARIES WITH LIMITED ENGLISH PROFICIENCY (LEP)

    Each subrecipient agency should have a plan to assist clients with limited English proficiency (LEP).  LEP persons are individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English.  Title VI of the Civil Rights Act of 1964, as well as DOJ program statues, requires subrecipients to take reasonable steps to ensure that LEP persons have meaningful access to their programs and activities.  Providing meaningful access will generally involve some combination of oral interpretation services and written translation of vital documents.  Meaningful access may entail providing language assistance services, including telephone interpreter lines, bilingual staff and volunteers, oral interpretation services, and written language services.  Subrecipient agencies should evaluate their current practices in providing language-access services to LEP beneficiaries, including the following:
     
    • Determine the size and linguistic demographics of the LEP service population;
    • Collect data on the frequency of contacts with LEP beneficiaries;
    • Identify the most significant services or benefits that will require language-access services;
    • Assess the resources that are available both inside and outside the agency for providing language-access services;
    • Make an inventory of existing written materials, especially vital documents, that need to be available to beneficiaries in translation;
    • Establish quality-control measures to ensure the linguistic competency of interpreters and translators;
    • Develop a language-access plan consistent with federal guidelines; and
    • Train staff members in public-contact positions on the legal obligation to provide appropriate language-access services to LEP beneficiaries.

      For information on providing services to LEP persons and for detailed agency-specific guidance on language-access services, see www.LEP.gov.
       
  7. FAITH-BASED ORGANIZATIONS

    As a condition for receiving financial assistance from DOJ, OCJP subrecipient agencies agree to comply with the DOJ regulation now entitled, "Partnerships with Faith-Based and Other Neighborhood Organization", 28 C.F.R. pt. 38.  This regulation states that DOJ financial assistance may not support inherently (or explicitly) religious activities, such as worship, religious instruction, or proselytization. In addition, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.   Faith-based subrecipients may still engage in inherently (or explicitly) religious activities, but the activities must be separate either in time or in place from the federally funded program and any participation in the inherently religious activities by program beneficiaries must be voluntary.  Under federal law, all subrecipients, including faith-based organizations, must not discriminate in the provision of grant-funded services on the basis of a participant’s religious practice or belief, or the lack of them.  Contrary to the general rule under federal law that prohibits employment discrimination based on religion, funded faith-based organizations may, in some circumstances, take religion into account in making hiring decisions.  Subrecipient faith-based organizations that have employment policies favoring co-religionists see the OJP website or contact their OCJP program manager for additional information.
     
  8. TITLE VI COMPLIANCE TRAINING (Updated December 2017)

    All recipients of federal financial assistance are subject to the provisions of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin. And if this agency receives funds under the Violence Against Women Act of 1994, as amended, sexual orientation or gender identity. Regulations governing Title VI compliance require that all OCJP subrecipients provide annual Title VI training for all employees. Additional training related to all civil rights laws and regulations is recommended for agencies providing direct services.

    To improve compliance with Title VI, OCJP requires that all grant Project Directors provide evidence of having completed Title VI training and additional Civil Rights training annually.  OCJP has provided a short presentation on its website outlining the provisions of Title VI.  All grant Project Directors must complete the Title VI Compliance Training and Quiz.  All new Project Directors must complete the online training program within ninety (90) days of their start date.  At the end of the online quiz, Project Directors should retain verification of completion in the grant file.  A link is provided below to additional Civil Rights training. The Project Director and the Civil Rights Compliance Officer should complete this or equivalent training annually.  Verification of the training must be retained in the personnel files.

    To be in compliance with OCJP’s training requirement on Title VI, subrecipient agencies may train other staff members, including the Civil Rights Compliance Officer, by using the training program on OCJP’s website or another training program that includes information on Title VI.  Although staff members other than the Project Directors may complete the online quiz at the end of OCJP’s Title VI training program, they are not required to do so.  Project Directors are responsible for maintaining documentation showing that staff members completed the required Title VI and Civil Rights training annually.

    The Title VI Compliance PowerPoint Training Presentation and Quiz (required by all OCJP grant Project Directors), is available here.

    Additional Civil Rights training (required by the OCJP grant Project Director and Civil Rights Compliance Officer) is available from the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights here https://ojp.gov/about/ocr/assistance.htm. Subrecipients should view all six videos to be familiar with all civil rights compliance requirements. In addition to these, the Office for Violence Against Women’s website has videos on Faith-Based Organizations and the Violence Against Women Act for recipients and subrecipients of federal financial assistance.

This Page Last Updated: May 11, 2018 at 11:01 AM