Program Delivery Title VI

1. Program DeliveryTitle VI Wisconsin Civil Rights Committee

2. What is Civil Rights? The right to due process, equal treatment under the law for all people to enjoy life, liberty, property, and protection. Civil Rights ensures that all citizens receive equal protection under law and equal opportunity to exercise the privileges of citizenship and otherwise to participate fully in life, regardless of race, sex, disability, religion or other characteristics unrelated to the worth of the individual. It is the right to due process, equal treatment under the law for all people to enjoy life, liberty, property, and protection. These rights are guaranteed by the Bill of Rights, the 13th and 14th Amendments to the Constitution. Positive civil rights include equal access to public schools, recreation, public facilities, and housing, and the equal and fair treatment by the courts and law enforcement. Civil Rights ensures that all citizens receive equal protection under law and equal opportunity to exercise the privileges of citizenship and otherwise to participate fully in life, regardless of race, sex, disability, religion or other characteristics unrelated to the worth of the individual. It is the right to due process, equal treatment under the law for all people to enjoy life, liberty, property, and protection. These rights are guaranteed by the Bill of Rights, the 13th and 14th Amendments to the Constitution. Positive civil rights include equal access to public schools, recreation, public facilities, and housing, and the equal and fair treatment by the courts and law enforcement.

3. What is Title VI? Prohibits discrimination in programs and activities Title VI of the Civil Rights Act of 1964 is a federal law that prohibits discrimination on the basis of race, color or national origin in programs and activities that receive Federal financial assistance. The initial bases in the law was Race, Color, and National Origin. Other bases were added with Executive Order 12250. As an Employee... you will have responsibilities regarding Civil Rights in Program Delivery. As a Manager… you will have certain responsibilities in both Program Delivery and Employment. Title VI of the Civil Rights Act of 1964 is a federal law that prohibits discrimination on the basis of race, color or national origin in programs and activities that receive Federal financial assistance. The initial bases in the law was Race, Color, and National Origin. Other bases were added with Executive Order 12250. As an Employee... you will have responsibilities regarding Civil Rights in Program Delivery. As a Manager… you will have certain responsibilities in both Program Delivery and Employment.

4. What is Civil Rights in Program Delivery? Equal access to participate in NRCS programs, services, information, and/or activities. This means that all program services and activities are made available to all potentially eligible clients in your service area. Equal access to participate in NRCS programs, services, information, and/or activities. This means that all program services and activities are made available to all potentially eligible clients in your service area. Equal access to participate in NRCS programs, services, information, and/or activities.

5. Program delivery requirements Title VI Requires Civil Rights Responsibilities & Records Training Public Notification Outreach Complaints of Discrimination Evaluation of Program Delivery Partnership Responsibility Access to ALL NRCS facilities by persons with Disabilities.

6. What areas are most common to be out of compliance? Accessibility Records Training Public Notifications Outreach Accessibility is required by: the Architectural Barriers Act Accessibility Standards (ABAAS) Outreach: mostly in people with Limited English Proficiency (LEP) Accessibility is required by: the Architectural Barriers Act Accessibility Standards (ABAAS) Outreach: mostly in people with Limited English Proficiency (LEP)

7. Definitions of Terms

8. What is a Federally Assisted Program? Programs and Activities for which Federal Financial Assistance is Provided Through a Recipient. Federally Assisted Programs are Programs and Activities for Which Federal Financial Assistance is Provided Through a Recipient. Examples: AMA - Agricultural Management Assistance RC&D - Resource Conservation & Development Program WSP - Watershed Surveys and Planning Program Federally Assisted Programs are Programs and Activities for Which Federal Financial Assistance is Provided Through a Recipient. Examples: AMA - Agricultural Management Assistance RC&D - Resource Conservation & Development Program WSP - Watershed Surveys and Planning Program

9. What is a Recipient? An entity to whom Federal financial assistance is extended, directly or through another recipient for any program or activity. *Ask what is the difference between a Recipient and a Beneficiary* “Recipient” is any state, instrumentality of any state or political subdivision, any public or private agency, institution, or organization, or other entity, to whom Federal financial assistance is extended, directly or through another recipient, for any program or activity (e.g., TSP Contractor, Construction Contractor, SWCD, RC&D, Universities). *Ask what is the difference between a Recipient and a Beneficiary* “Recipient” is any state, instrumentality of any state or political subdivision, any public or private agency, institution, or organization, or other entity, to whom Federal financial assistance is extended, directly or through another recipient, for any program or activity (e.g., TSP Contractor, Construction Contractor, SWCD, RC&D, Universities).

10. Examples of Entities Universities Colleges Soil and Water Conservation Districts Resource Conservation & Development Councils

11. What is a Federally Conducted Program? Those programs or activities that result in or contribute to the delivery of services, benefits, or resources to customers. *Ask for Examples* “Federally Conducted Programs” are those programs or activities that include the day-to-day operations of NRCS. These programs or activities result in or contribute to the availability of or delivery of services, benefits, or resources to customers. Examples: AMA - Agricultural Management Assistance CTA - Conservation Technical Assistance CSP - Conservation Security Program EQIP- Environmental Quality Incentives Program EWP- Emergency Watershed Protection Program FPP - Farm and Ranch Lands Protection Program GRP - Grassland Reserve Program RC&D - Resource Conservation & Development Program WHIP - Wildlife Habitat Incentives Program WPFP - Watershed Protection and Flood Prevention Operations Program WR - Watershed Rehabilitation Program WSP - Watershed Surveys and Planning Program WRP - Wetland Reserve Program *Ask for Examples* “Federally Conducted Programs” are those programs or activities that include the day-to-day operations of NRCS. These programs or activities result in or contribute to the availability of or delivery of services, benefits, or resources to customers. Examples: AMA - Agricultural Management Assistance CTA - Conservation Technical Assistance CSP - Conservation Security Program EQIP- Environmental Quality Incentives Program EWP- Emergency Watershed Protection Program FPP - Farm and Ranch Lands Protection Program GRP - Grassland Reserve Program RC&D - Resource Conservation & Development Program WHIP - Wildlife Habitat Incentives Program WPFP - Watershed Protection and Flood Prevention Operations Program WR - Watershed Rehabilitation Program WSP - Watershed Surveys and Planning Program WRP - Wetland Reserve Program

12. What is a Beneficiary? A person or group of persons with entitlement to receive or enjoy the benefits, services, resources, and information, or participate in activities and programs conducted in whole or part by USDA. “Beneficiary” is a person or group of persons with entitlement to receive or enjoy the benefits, services, resources, and information, or participate in activities and programs conducted in whole or part by USDA (e.g., Farmers, Ranchers, Landowners, and Producers). Now that we have covered the essentials of our responsibilities… Let talk a little about customer rights to receiving assistance and what recourses are available to them. First, I’d like to show you a video entitled “Simple Justice” to illustrate some examples of good and poor customer service.“Beneficiary” is a person or group of persons with entitlement to receive or enjoy the benefits, services, resources, and information, or participate in activities and programs conducted in whole or part by USDA (e.g., Farmers, Ranchers, Landowners, and Producers). Now that we have covered the essentials of our responsibilities… Let talk a little about customer rights to receiving assistance and what recourses are available to them. First, I’d like to show you a video entitled “Simple Justice” to illustrate some examples of good and poor customer service.

13. How to file a programcomplaint of discrimination? (Title VI) Any person who believes that he or she has been, or is being discriminated against in a USDA program and/or activity, may file a written complaint of discrimination within 180 calendar days from the date the person knew or reasonably should have known of the alleged discriminatory act. All complaints of discrimination will be investigated, and a final determination will be made on the merits of the complaint. Any person who believes that he or she has been, or is being discriminated against in a USDA program and/or activity, may file a written complaint of discrimination within 180 calendar days from the date the person knew or reasonably should have known of the alleged discriminatory act. All complaints of discrimination will be investigated, and a final determination will be made on the merits of the complaint.

14. Notice the posters that are in your office and in the room. Prominently displayed.Notice the posters that are in your office and in the room. Prominently displayed.

15. Forms of Discrimination Disparate Treatment Disparate Impact Systemic Discrimination Disparate Treatment – (Intended Discrimination) Unequal or differential treatment or individuals on the basis of the prohibited grounds. Example: The Video. Disparate Impact – (Unintended Discrimination) Practices that are fair in form, but discriminatory in operation. Examples: Printing materials and instructions in English only or having minimum acreage requirements. Systemic Discrimination – Discrimination that is part of the operating procedures of many organizations. A Part of Agency rules. A Part of an Agency’s rules. Example: The initial EQIP rules.Disparate Treatment – (Intended Discrimination) Unequal or differential treatment or individuals on the basis of the prohibited grounds. Example: The Video. Disparate Impact – (Unintended Discrimination) Practices that are fair in form, but discriminatory in operation. Examples: Printing materials and instructions in English only or having minimum acreage requirements. Systemic Discrimination – Discrimination that is part of the operating procedures of many organizations. A Part of Agency rules. A Part of an Agency’s rules. Example: The initial EQIP rules.

16. Disparate Treatment A form of discrimination that occurs when two employees are similarly situated and one employee receives inferior treatment or suffers harsher consequences than the other. Intended Discrimination Title VII prohibits employers from treating applicants or employees differently because of their membership in a protected class. The central issue is whether the employer's actions were motivated by discriminatory intent, which may be proved by either direct or circumstantial evidence. Disparate treatment is a form of discrimination that occurs when two employees are similarly situated and one employee receives inferior treatment or suffers harsher consequences than the other. Unequal or differential treatment is treating individuals differently on the basis of the prohibited grounds. For example: asking women (but not men) about family status and childcare arrangements; requiring only people with physical disabilities to have employment medicals; automatically requiring language proficiency tests for members of visible minority groups. Intended Discrimination Title VII prohibits employers from treating applicants or employees differently because of their membership in a protected class. The central issue is whether the employer's actions were motivated by discriminatory intent, which may be proved by either direct or circumstantial evidence. Disparate treatment is a form of discrimination that occurs when two employees are similarly situated and one employee receives inferior treatment or suffers harsher consequences than the other. Unequal or differential treatment is treating individuals differently on the basis of the prohibited grounds. For example: asking women (but not men) about family status and childcare arrangements; requiring only people with physical disabilities to have employment medicals; automatically requiring language proficiency tests for members of visible minority groups.

17. Disparate Impact Practices that are fair in form, But discriminatory in operation. Unintended Discrimination Disparate Impact - Even where an employer is not motivated by discriminatory intent, Title VII prohibits an the employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class. Examples of practices that may be subject to a disparate impact challenge include: Written tests Height and weight requirements Educational requirements And subjective procedures such as interviewsUnintended Discrimination Disparate Impact - Even where an employer is not motivated by discriminatory intent, Title VII prohibits an the employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class. Examples of practices that may be subject to a disparate impact challenge include: Written tests Height and weight requirements Educational requirements And subjective procedures such as interviews

18. Systemic Discrimination Discrimination that is part of the operating procedures of many organizations. Systemic discrimination, on the basis of the prohibited grounds, is built into the policies and practices of an organization so that it is perpetuated automatically. It is consciously or unconsciously carried out and it unintentionally or intentionally excludes individuals or groups of individuals Examples are: inflated educational requirements (credentialism) for positions; tests which do not measure real job skills but have the effect of screening out women and members of other disadvantaged groups; lack of appropriate transportation; physical barriers; excessively lengthy experience requirements; etc. SYSTEMIC DISCRIMINATION - employment policies and practices which, though often neutral on their face, serve to differentiate or to perpetuate a differentiation in the treatment of certain applicants or employees because of their race, color, religion, sex, national origin, handicap or veteran's status. Systemic discrimination normally relates to a recurring practice rather than to an isolated act of discrimination, and may include failure to remedy the continuing effects of past discrimination. Intent to discriminate may or may not be involved. Systemic discrimination, on the basis of the prohibited grounds, is built into the policies and practices of an organization so that it is perpetuated automatically. It is consciously or unconsciously carried out and it unintentionally or intentionally excludes individuals or groups of individuals Examples are: inflated educational requirements (credentialism) for positions; tests which do not measure real job skills but have the effect of screening out women and members of other disadvantaged groups; lack of appropriate transportation; physical barriers; excessively lengthy experience requirements; etc. SYSTEMIC DISCRIMINATION - employment policies and practices which, though often neutral on their face, serve to differentiate or to perpetuate a differentiation in the treatment of certain applicants or employees because of their race, color, religion, sex, national origin, handicap or veteran's status. Systemic discrimination normally relates to a recurring practice rather than to an isolated act of discrimination, and may include failure to remedy the continuing effects of past discrimination. Intent to discriminate may or may not be involved.

19. USDA Civil Rights Policy It is USDA's policy to ensure that no person is subjected to prohibited discrimination in USDA programs and activities based on race, color, national origin, sex, religion, age, disability, marital status, familial status, parental status, sexual orientation, reprisal, or because all or part of an individual’s income is derived from any public assistance program. According to the dictionary, discrimination is to make a choice, a distinction. We all make choices, and this, every day. Discrimination becomes illegal when choices, based on prohibited grounds, limit possibilities of some groups or some individuals. These prohibited grounds are: race, place of origin, color, ethnic origin, citizenship, religion, Sex, sexual orientation, age, marital status, family status, Disability. According to the dictionary, discrimination is to make a choice, a distinction. We all make choices, and this, every day. Discrimination becomes illegal when choices, based on prohibited grounds, limit possibilities of some groups or some individuals. These prohibited grounds are: race, place of origin, color, ethnic origin, citizenship, religion, Sex, sexual orientation, age, marital status, family status, Disability.