Title VI of the Civil Rights Act of 1964

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Title VI of theCivil Rights Act of 1964 Required Title VI SubrecipientInstructions 1 Subrecipients grantees of the Council must have all relevant staff review the attached.
Powerpoint training individually or as a group This training is adapted from the TNDepartment of Human Resources Title VI training It asks 5 questions at the end of thePowerpoint about the topics covered in the presentation and includes the answers to thequestions on the following slides 2 After reviewing the training each staff member should sign and date the Certificate of.
Completion and send a copy of each staff member s certificate to Alicia Cone Title VICoordinator and Grant Program Director for the Council on Developmental Disabilities a Email Alicia cone tn govb Fax 615 532 6964 Mail Tennessee Council on Developmental Disabilities Davy Crockett Tower First Floor 500 James.
Robertson Pkwy Nashville TN 37243 Course Outline Overview of Title VI Theories of discrimination LEP National Origin.
State agency obligations What is Title VI ofthe Civil Rights Act What is Title VI Title VI prohibits discrimination on the basis of .
Race Color Origin Federal Law 42 U S C 2000d provides No person in the United States shall on the groundof race color or national origin be excluded from.
participation in be denied the benefits of or besubjected to discrimination under any program oractivity receiving Federal financial assistance Tennessee Law Tenn Code Ann 4 21 904.
It is a discriminatory practice for anystate agency receiving federal fundsmaking it subject to Title VI of the CivilRights Act of 1964 or for any personreceiving such federal funds from a.
state agency to exclude a person fromparticipation in deny benefits to aperson or to subject a person todiscrimination under any program oractivity receiving federal funds on the.
basis of race color or national origin Scope of Coverage Employment While Title VI was not meant to be the primaryvehicle to prohibit employment discrimination itdoes forbid employment discrimination by recipients.
in certain situations Title VI and EmploymentDiscrimination If a primary objective of the Federal financialassistance to a recipient is to promote employment .
then the recipient s employment practices aresubject to Title VI Otherwise refer to Title VII of the Civil Rights Act of1964 which covers employment discriminationbased on race color national origin religion and.
sex This is addressed in the State s Policy onWorkplace Discrimination and Harassment What must occur for Title VI to The program or activity Must be located in the United States.
Must provide a service Must receive direct recipient or indirect sub recipient federal financial assistance What is Federal Financial Assistance Award or grant of money .
Loans below fair market value subsidies Any federal agreement arrangement or other contractwhich has as one of its purposes the provision ofassistance Surplus property .
Training and Detail of federal personnel What is a recipient A recipient receives FFA and or operates a program or activity e g a state local ormunicipal department agency or other entity .
Primary Recipient Subrecipient Distributes assistance to anTransfers or distributesultimate beneficiary e g assistance to another.
contractors subcontractorsrecipient or subrecipientor grantees BeneficiariesIndividuals and or entities who directly or indirectly.
receive an advantage through the operation of afederal program Examples of discriminatory practices Denying an individual any service financial aid or Providing a different service aid or benefit or.
providing them in a manner different that they areprovided to others Segregating or treating individuals separately in anymanner related to receiving programs services or Retaliation .
National Origin Limited English Proficient LEP Discrimination Theories ofDiscrimination Disparate Treatment.
Intentional discrimination against an individual Must show that a challenged action was motivatedby an intent to discriminate Evidence of Discriminatory Intent May be direct or circumstantial and may be found in.
various sources including statements historicalbackground of events in issue or a departure instandard procedure Elements of Disparate Treatment The aggrieved person was a member of a protected.
That person applied for and was eligible for afederally assisted program that was acceptingapplicants That despite the person s eligibility s he wasrejected and.
The recipient selected or continued to acceptapplicants of the complainant s qualifications Disparate Treatment Once the elements are established the recipient hasto show there was a legitimate nondiscriminatory.
reason for the challenged action It is then up to the investigating agency to determinewhether there is sufficient evidence to establish thatthe recipient s reason was a pretext fordiscrimination .
Disparate Impact Discrimination that occurs as a result of a neutralpolicy which appears harmless on the surface butnegatively affects a group Focus concerns the consequences of a recipient s.
practices rather than intent Elements of Disparate Impact The recipient s facially neutral policy or practicecaused a disproportionate and adverse effect onmembers of a protected class.
Requires a comparison of the effects of the policy orpractice on the relevant protected class relative tothe effects on others May be shown through statistics or other evidence ofa significant adverse impact upon the relevant.
protected class Disparate Impact After the elements are established the investigatingagency must then determine whether the recipientcan articulate a substantial legitimate justification .
for the challenged practice Substantial Legitimate Justification To prove the recipient must show that thechallenged policy was necessary to meet a goal thatwas legitimate important and integral to the.
recipient s institutional mission Disparate Impact If the recipient provides a substantial legitimatejustification the inquiry then focuses on whether aless discriminatory alternative was available .
National Origin Discrimination Who is a Limited English Proficient Persons who do not speak Englishas their primary language and who.
have limited ability to read speak write or understand English LEP Limited English Proficiency These individuals may be entitled tolanguage assistance with respect to.
a particular type of service benefitor encounter National Origin LanguageDiscriminationThe Supreme Court in Lau v Nichols 414 U S 563.
1974 provided that failure to provide information inlanguages other than English could result indiscrimination on the basis of national origin wherefailure to do so results in a significant number of LEPbeneficiaries being unable to fully realize the intended.
benefits of the federally assisted program or activity Basic Principle Provide meaningful opportunity to access a program or activity Executive Order 13166 2000 .
Presidential order that required each federal agency todevelop LEP guidance that sets forth compliancestandards recipients must follow to ensure thatprograms and activities that are normally provided inEnglish are accessible to LEP persons .
Four Factor Analysis The number or proportion of LEP persons in theeligible service population The frequency with which LEP individuals come incontact with the program .
The importance of the service provided by theprogram and The resources available to the recipient Retaliation Retaliation.
Occurs when a recipient or another personintimidates threatens coerces or discriminatesagainst any individual for the purpose of interferingwith any right or privilege secured by Title VI orbecause a person made a complaint testified .
assisted or participated in any manner in aninvestigation or proceeding under Title VI Elements of Retaliation The complainant was engaged in a protected The recipient knew of the complainant s protected.
The recipient took some adverse action against thecomplainant and There was a causal connection between theprotected activity and the adverse action Retaliation.
Once the elements are established the recipientmust show it had a legitimate non discriminatoryreason for the action The investigating agency must then determine if therecipient s reasons were pre textual .
Filing a Complaint Filing a complaint There is a 180 day statute oflimitations Individuals may file a complaint.
Agency Title VI Coordinator Tennessee Human Rights Commission U S Department of Justice Simple justice requires that public funds to which all taxpayers of all races contribute not be spent in any fashion which encourages entrenches subsidizes or results in racial discrimination Simple justice requires that public funds to which all taxpayers of all races contribute not be spent in any fashion which encourages entrenches subsidizes or results in racial discrimination .
President John F Kennedy in his message calling for the enactment of Title VI 1963 President John F Kennedy in his message calling for the enactment of Title VI 1963 Bottom Line Assess YourUnderstanding.
Please take a few moments to answer the followingreview questions to assess your understanding of TitleVI of the Civil Rights Act of 1964 Once you haveselected your answer choice advance to the next slideto see the correct response for each question .
If you need further guidance on Title VI and itsimplementing regulations please contact Alicia Cone Council Grant Program Director and Title VI Coordinatorfor the Council at alicia cone tn gov or 615 253 1105 Assess Your Understanding.
1 Which of the following is not a protected class underC National Origin Assess Your Understanding1 Which of the following is not a protected class underIf you chose answer B excellent Title VI prohibits.
discrimination on the basis of a person s race color ornational origin Sex is not a protected class under Title Assess Your Understanding2 Which statement is true A Disparate treatment occurs when a discriminatory practice.
is motivated by intent B Disparate treatment occurs as a result of a neutral policywhich appears harmless on the surface but negativelyaffects a group Assess Your Understanding.
2 Which statement below is true A Disparate treatment occurs when a discriminatory practiceis motivated by intent A is the correct answer A claim of disparate treatmentmust show that an individual acted with intent or.
motive to discriminate Assess Your Understanding3 For Title VI to apply the agency must be A Providing services to individuals in povertyB A non profit 501 c 3 .
C A direct recipient of state fundingD Either a direct or indirect recipient of federal funding Assess Your Understanding3 For Title VI to apply the agency must be D Either a direct or indirect recipient of federal funding.
The correct answer is D For Title VI to apply theagency must either be a direct or indirect recipient offederal financial assistance Assess Your Understanding4 Who is a Limited English Proficient person .
A A person who does not speak English as their primarylanguage and has limited ability to speak write orunderstand EnglishB A person from the United States who cannot readC A person who does not speak English at all.
D Answers A and C Assess Your Understanding4 Who is a Limited English Proficient person D Answers A and CLimited English Proficient LEP persons are people who.
do not speak English as their primary language andwho have limited ability to read speak write orunderstand English Assess Your Understanding5 True or False Under a Limited English Proficiency.
LEP policy only direct recipients of federal fundingmust take steps to ensure that all non Englishspeaking persons receive the same access toprogram benefits Assess Your Understanding.
5 True or False Under a Limited English Proficiency LEP policy only direct recipients of federal fundingmust take steps to ensure that all non Englishspeaking persons receive the same access toprogram benefits .
Direct recipients and sub recipients of federal financialassistance are required to take reasonable steps toensure LEP persons have meaningful access and anTennessee Law. 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 ...

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