Your Civil And Equal Opportunity Rights and Responsibilities As An AmeriCorps*VISTA Member

1. Your Civil And Equal Opportunity Rights and Responsibilities As An AmeriCorps*VISTA Member

2. AmeriCorps* VISTA Member RightsYou have an absolute right not to be subjected to discrimination or harassment by the Corporation or any Sponsor Organization

3. AmeriCorps* VISTA Member Obligations You also have an absolute obligation to make sure your actions do not subject anyone else to discrimination or harassment This obligation extends to:-- clients you serve-- colleagues, whether they are other AmeriCorps participants or employees-- other beneficiaries of the program

4. You are not federal employees (except for some limited purposes) You are not employees of your program, project, or site (for any purpose) VISTAs are beneficiaries of federal financial assistance for civil rights purposes, and this gives you these non-discrimination protections and obligations

5. You are protected from discrimination or harassment based on — Age Race Color Religion Disability Sex Reprisal National Origin Political Affiliation Marital/Parental Status Military Service Sexual Orientation Religious, Community or Social Affiliations

6. Illegal Discrimination • Different treatment, coupled with only a difference in race or sex or national origin, is NOT illegal discrimination • Illegal discrimination must be treatment that is different because of a difference in race or sex or national origin, etc.

7. How to Determine Discrimination? • Direct evidence • Different treatment before/after • Different treatment towards“similarly situated” persons, i.e., persons you would expect to be treated the same under the circumstances

8. How to Determine Discrimination?- continued - • Inference based on violating policies and procedures • Applying rules & standards differently without a legitimate reason • Inference based on credibility • No witnesses  Nothing happened. Look at other evidence to determine the more credible person

9. Some Absolutes • English-only rules not allowed • Denying time off for religious observances seldom allowed • Filing a discrimination complaint does not preclude taking disciplinary action

10. Special Categories of Discrimination:Disabilities & Reasonable Accommodation A disabled person is one who: has a physical or mental impairment that substantially limits one or more major life activities (or who has a record of such an impairment or is regarded as having such an impairment)

11. A qualified individual with a disability Someone who can perform the essential functions of his/her position with or without reasonable accommodation

12. Substance Abuse • is a disease and may legally be considered a disability • a person currently using illegal drugs, by definition, is not a person with a disability and does not have any civil rights protection • Infectious Diseases • persons with diseases such as TB, HIV or AIDS, may be qualified individuals with disabilities • disease must not pose a direct threat to the safety of self or others

13. Reasonable Accommodations • making facilities accessible • job restructuring • modified work schedules • acquisition or modification of equipment or devices • providing readers, interpreters, or auxiliary aids To receive accommodation, an AmeriCorps*VISTA must notify the Supervisor that: • he/she has a disability; and • a reasonable accommodation is needed

14. SEXUAL HARASSMENT • Unwelcomesexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

15. Types of Sexual Harassment • Tangible action: A supervisor changes your service status or requirements as a result of accepting or rejecting an unwanted sexual advance. • Hostile environment: A supervisor, co-worker, or other person, through conduct that is severe and pervasive, subjects you to an intimidating, hostile, or offensive service environment • “Third party” – sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed towards someone else but that adversely affects your service status, requirements, or environment

16. Associated Behaviors • Verbal -- jokes with sexual connotations, sexually degrading language • Nonverbal -- leering, sexually oriented gestures, sexually oriented pictures, cartoons, letters • Physical -- touching, kissing, grabbing • Criminal -- sexual assault/battery, rape - don’t contact EO, contact the police!

17. Your Responsibilities • Communicate to the person or management that the behavior is unwelcome. Management includes your site supervisor, the Corporation for Nat'l Service State Office, and the Corporation for Nat'l Service EO Office • Only if the conduct is severe, or continues after you put the person on notice, does it rise to the level of sexual harassment • Document actions, your response, and witnesses • If behavior continues, notify management in writing • Notify your supervisor if you think others are being subjected to sexual harassment or a hostile environment

18. Harassment on any protected basis is unlawful The same standards that apply to sexual harassment apply to harassment based on race, national origin, religion, disability, etc.

19. Contact Us: You have 45 calendar days from the date of the alleged discriminatory event to contact the Office of Civil Rights and InclusivenessOffice @ OFFICE OF CIVIL RIGHTS AND INCLUSIVENESS OFFICECorporation for National & Community Service 1201 NEW YORK AVE, NW WASHINGTON, DC 20525 (202) 606-7503 (voice) (202) 565-2799 (TDD)(202) 565-2816 (FAX) eo@cns.gov (e-mail) EQUAL OPPORTUNITY IS EVERYONE’S RESPONSIBILITY!