Title VI Program 2012 Annual Training

1. Title VI Program 2012 Annual Training Presented by: M.J. Thomas, Title VI Program Director Tennessee Human Rights Commission

2. Agenda • Overview of Title VI • Definitions • Examples of Programs & Services • Discriminatory practices • Disparate Treatment vs. Disparate Impact • National Origin / Limited English Proficiency (LEP) • Title VI Compliance Program • Compliance Review Tennessee Human Rights Commission

3. Title VI of the Civil Rights Act of 1964 “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 42 U.S.C. § 2000d Tennessee Human Rights Commission

4. 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 receiving such funds, on the basis of race, color, or national origin.  Tennessee Human Rights Commission

5. Overview Definitions What is Federal financial assistance (FFA)? FFA includes the following: • Award or grant of money; • Loans, below fair market value or subsidies; • Any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance; • Surplus property; • Training ; and, • Detail of federal personnel. Tennessee Human Rights Commission

6. Overview Definitions Not considered FFA: • Licenses • Procurement • Direct unconditional assistance to private citizens receiving Federal financial assistance (i.e. Supplemental Security Income or SSI) Tennessee Human Rights Commission

7. Overview Definitions • Recipients • Primary Recipient – receives FFA directly from a federal entity and may transfer or distribute assistance to a subrecipient. • Subrecipient—receives FFA from a primary recipient and distributes assistance to an ultimate beneficiary. Subrecipients may be contractors, subcontractors or grantees. • Beneficiaries – means individuals and/or entities that directly or indirectly receive an advantage through the operation of a Federal program (e.g., Recipients of DHS benefits). Tennessee Human Rights Commission

8. Overview Definitions • Program or Activity • Separately and broadly defined in section 606, 42 § 2000d-4a • Covers all the operations of a recipient/department/agency. • Under the Civil Rights Restoration Act of 1987, if one portion of a recipient’s program or activity receives Federal Financial Assistance, then all the operations of the entity must comply with the nondiscrimination statues, including Title VI. Tennessee Human Rights Commission

9. Examples of Programs & Services • Elementary, secondary, and higher education • Health care, social services, and public welfare • Public transportation • Parks and recreation • Natural resources and the environment • Employment and job training • Housing and community development • Law enforcement and administration of justice • Agriculture and nutrition • Court proceedings and operations Tennessee Human Rights Commission

10. Discriminatory Practices • Denying an individual any program services, financial aid, or benefits; • Providing a different service, aid, or benefit, or providing them in a manner different than they are provided to others; or, • Segregating or treating individuals separately in any matter related to receiving any program service, aid, or benefit. • RETALIATION occurs when a recipient or another person intimidates, threatens, coerces, or discriminates against any individual for the purpose of interfering with any right or privilege secured by Title VI, or because a person made a complaint, testified, assisted, or participated in any manner in an investigation or proceeding under Title VI. Tennessee Human Rights Commission

11. Disparate Treatment • Disparate Treatment – Similarly situated persons are treated differently (i.e., less favorably) than others based, at least in part, on their race, color and/or national origin. Tennessee Human Rights Commission

12. Disparate Treatment • You must establish a primafacie case: • Complainant was part of a protected class; • Complainant applied for, and was eligible for, a federally assisted program that was accepting applications; • Complainant, despite being eligible, was rejected; and • After rejection, program remained open and recipient accepted applications for the program from persons in other classes with similar eligibility qualifications. Tennessee Human Rights Commission

13. Disparate Treatment Example: Private College receives a federally funded grant from State Higher Education Agency to provide research-based professional development and continuing education for K-12 teachers and principals. Nadia Bey, who wears a hijab, applies to Private College and is told during an interview that she would not be permitted to wear the hijab in class. Her application is later denied. Tennessee Human Rights Commission

14. Disparate Impact • Disparate impact – means discrimination that occurs as a result of a neutral policy which appears harmless on the surface, but negatively affects a group of people. • Elements • A facially neutral policy or practice caused a disproportionate and adverse effect on members of a protected class • Requires a comparison of the effects of the policy or practice on the relevant protected class relative to the effects on others • May be shown through statistics or other evidence of a significant adverse impact upon the relevant protected class Tennessee Human Rights Commission

15. Disparate Impact • After a prima facie case is established, the recipient/subrecipient must provide a substantial legitimate justification for the policy/practice. • If the recipient/subrecipient provides a substantial legitimate justification, the investigative agency must show that a less discriminatory alternative was available. Tennessee Human Rights Commission

16. Examples of Policies having a Disparate Impact • Implementing service reductions or fare increases for bus transportation that disproportionately effect minority communities. • English-only state driver’s license examinations: United States Department of Transportation, Office of Civil Rights issues guidance in 2001 which states that the inability of LEP persons to obtain driver’s licenses presents serious problems. • Institution A receives a grant to provide a physical oceanography course, which includes scuba training. The scuba program does not permit students with beards to participate in the course. Tennessee Human Rights Commission

17. National Origin/Limited English Proficiency (LEP) • Who are Limited English Proficient persons? Persons who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. Tennessee Human Rights Commission

18. LEP Guidance Recipients and subrecipients of FFA are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. Title VI State Policy Guidance #11-02 (June 2011) Tennessee Human Rights Commission Tennessee Human Rights Commission

19. LEP Guidance • To determine extent of obligation to provide meaningful access, apply a four (4) factor analysis: • The number or proportion of LEP persons; • Frequency of contact with the program; • Nature and importance of the program; and, • Resources available. Tennessee Human Rights Commission

20. Languages Spoken in Tennessee • Total Population = 6,346,105 • 328,390 (or 5% of the total population in TN) speak a language other than English at home. • 147,596 speak English less than “Very Well.” 2010 US Census Tennessee Human Rights Commission

21. Languages Spoken in Tennessee Top Languages Spoken At Home: (other than English) • Spanish • German • Arabic • Chinese /or a combination of several African languages • Korean Tennessee Human Rights Commission

22. LEP Guidance Effective LEP Plans should have procedures that involve: • Identification of LEP individuals • Providing language assistance measures • Training to ensure that staff understands the obligation to provide meaningful access to services  • Providing Notice to LEP individuals • Monitoring and Updating LEP Plan Tennessee Human Rights Commission

23. Title VI Compliance Program Title VI Compliance Program Rules – 1500-01-03 • Application/Responsibilities • Assurances • Investigations • Training requirements • Compliance monitoring and Implementation Plan content Tennessee Human Rights Commission

24. Title VI Compliance Program Why is this program important? • Ensures consistency across departments statewide. • Serves as resource for technical assistance. • Provides risk management to prevent loss of federal funding for noncompliance. Tennessee Human Rights Commission

25. Compliance Review • The Commission will audit, review, evaluate and report on efforts and outcomes for each state department and agency subject to Title VI. • The Commission’s goal is to conduct on-site compliance visits of five (5) departments per fiscal year. • A department will receive 30 days notice before a scheduled on-site visit. Tennessee Human Rights Commission