ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill”

1. ALL STAFF MEETINGFEBRUARY 17, 2010MADISON, WISCONSIN LABOR EDUCATION & TRAININGCENTER (LETC)William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND IS NOT & WHAT YOU SHOULD KNOW AND CAN DO ABOUT IT!

2. Training Objectives • Define “Illegal” Discrimination. • Identify prohibited practices applicable to Financial Assistance Programs. • Provide a brief Overview of Civil Rights Laws. • Meaningful Access(ibility) – What’s That All About? • Language Access - What’s Required! • Complaint Procedures!

3. HANDOUTS • 1. Meaningful Access(ibility) • 2. The Civil Rights Era: The Fight for Equality Forges On, Past, Present, and Future, Honorable Bernice B. Donald (2008) • 3. Safe Harbor • 4. United States Supreme Court Disparate Impact Cases • 5. Equal Opportunity Is The Law Poster • 6. Pre-test • 7. Post-test Responses

4. What is a Civil Right? Charles Hamilton Houston • A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury • Examples of civil rights: • Freedom of speech, press, assembly • Right to vote • Freedom from involuntary servitude (human trafficking) • Right to equality in public places “Charles Hamilton Houston is the Moses of the journey that led to Brown and beyond.” Thurgood Marshall

5. Overview of Civil Rights Acts from 1866 - 1991 • 1866 - 39th Congress Overrides Johnson’s Veto • 1871 - “Ku Klux Klan Act” - 42 U.S.C. Sections 1983 & 1988 • 1875 - Addressed Discrimination in Public Facilities • 1957- Created the Justice Dept. & the Civil Rights Commission • 1960 - Expanded voting rights protections & recorded votes in federal elections • 1964 - Ten Titles –we’ll focus on Title VI & mention Title VII • 1968 - “Fair Housing Act” • 1991 – Affecting Employment Rights

6. Discrimination • When the civil rights of an individual are denied or interfered with because of their membership in a particular group or class: • Race • Sex • Religion • Age • Previous condition of servitude • Physical limitation • National origin or sexual preference Rosa Parks

7. Title VI of the Civil Rights Act of 1964 ...prohibits discrimination on the basis of “race, color, or national origin.... Under any program or activity receiving federal assistance” 42 U.S.C.: 2000d Supreme Court Justice Thurgood Marshall Thurgood Marshall

8. Purpose of Title VI • To ensure public funds are not spent in a way that encourages, subsidizes, or results in racial discrimination • Title VI bars intentional discrimination President Lyndon B. Johnson signing the Civil Rights Act on July 2, 1964

9. Title VI • Authorizes and directs federal agencies to enact “rules, regulations, or orders of general applicability” to achieve the statute’s objectives 42 U.S.C. 2000d. • Federal agency regulations prohibit: • “Using criteria or methods of administration that have the effect of discriminating against protected groups based on race, color or national origin.”

10. Intentional Discriminationand Disparate Treatment Martin Luther King Jr., Dr Spock and Reverend Rice • A claim which alleges that similarly situated persons are treated differently because of their: • Race • Color or • National origin • Retaliation is always investigated using the intent theory

11. Unintentional Discrimination and Disparate Impact • Neutral policies or practices which disproportionately exclude or adversely affect protected classes; • Limited English Proficiency (LEP) complaints are generally investigated using this legal theory. • Investigations focus on the consequences and do not require proof of discriminatory intent. Mention the U.S. Supreme Court Disparate Impact Cases Handout.

12. U.S. Supreme Court …has held that such regulations may prohibit practices having a disparate impact on protected groups, whether or not the action or practices are intentionally discriminatory.

13. Meaningful Accessibility • Equal opportunity and Physical accessibility to all: • Programs, services and activities • Ensuring effective, accurate, and meaningful communication orally and written form • Sign language interpreters • ADA accommodations applicable to the public and private section- Title II, Section 504, 503 of the Rehabilitation Act of 1973

14. National Origin Discrimination Services in Languages Other Than English • Title VI bars utilization of criteria and methods of administration that have: • “the effect of defeating or substantially impairing accomplishment of program objectives with respect to individuals of a particular race, color or national origin.” • Universal regulatory language incorporates a disparate impact standard into Title VI.

15. Four Factor Analysis • 1.Number of LEP persons eligible or “likely to be served” • 2.Frequency of “contact” of LEP persons • 3.Nature and importance of the program, service or activity • 4.Resources available, including costs.

16. Complaint Process Two kinds of complaints: PROGRAM DISCRIMINATION

17. Complaints Resolving Them

18. Complaints Applicants and participants must be given accurate and complete information on the complaint process for program and discrimination complaints. Complainants must be provided assistance in filing their complaints. Information must be posted prominently and in the languages of “major LEP groups”.

19. Complaints Program complaints involve claims that folks operating the program failed to observe the program’s rules and procedures

20. Complaints Discrimination may be examined from two perspectives: DISPARATE TREATMENT DISPARATE IMPACT

21. Complaints Disparate treatment discrimination claims assert that applicants and participants are treated differently for no other reason than race, sex, National Origin, disability or status as a participant.

22. Complaints USDOL - allows no local processing of discrimination complaints. Must be filed at the State or Federal level, at the option of the complainant DHHS - discrimination complaint procedures allow local processing of complaints USDA - discrimination complaint procedures allow state or federal level processing of complaints

23. Complaints Where can Complaints be filed in Wisconsin?DWD Division of Employment and Training Equal Opportunity Officer or Equal Rights Division DCF Equal Opportunity Officer DHS Office of Affirmative Action and Civil Rights Compliance

24. Complaints U.S. Department of Labor - Civil Rights Center 200 Constitution Avenue NW, Room N-4123 Washington, D.C. 20210

25. Complaints - Federal • U.S. Department of Health and Human Services - Office of Civil Rights - Region V, Chicago. IL. • U.S. Department of Justice - Civil Rights Division - Washington, D.C. • Food and Consumer Services - Civil Rights Program - U.S. Department of Agriculture - Chicago, IL.

26. Contacts William Franks, Equal Opportunity Officer DWD-Division of Employment & Training (608) 266-6889 William.Franks@wisconsin.gov Earnestine Moss, Equal Opportunity Officer DCF-Division of Enterprise Solutions (608) 266-5335 Earnestine.Moss@wisconsin.gov David Duran, Civil Rights Compliance Officer DHS–Office of Affirmation Action & Civil Rights Compliance (608) 266-9372 David.Duran@wisconsin.gov

27. Department of Workforce Development Division of Employment and Training Bureau of Program Management and Special Populations Civil Rights Unit 201 E. Washington Ave, Room G100 P.O. Box 7972 Madison, WI 53707-7972 TTY: (608) 275-1165 (Toll Free) Ph. (608) 266-6889

28. Thank you for your Attention and Participation

29. End, Fin, ′Dhamaad’, Қонец Kraj, Tas, Topos na, Zai Jian