Civil Rights Compliance Bobbie A Moore Civil Rights
Civil Rights Compliance Bobbie A. Moore, Civil Rights Director, NIFA/EOS presentation for training and discussion ONLY! Southern AG Business and Personnel Officers Conference 2019 1
Title VI of the Civil Rights Act of 1964 Title VI provides that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance. ” 2
Title IX – Education Amendments of 1972 Title IX reads that: “No person in the United States, shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. ” 3
Rehabilitation Act of 1973 Sections 503, 504 and 508 The Rehabilitation Act of 1973 requires access to programs and activities that are funded by Federal agencies…. . . • Section 503 - Nondiscrimination under Federal grants in employment • Section 504 of the Rehabilitation Act – Nondiscrimination under federal grants programs from participating in programs or receiving benefits. • Section 508 of the Rehabilitation Act – Electronic and Information Technology (accessibility) 4
COMPLIANCE In accordance with United States Department of Agriculture civil rights regulations 7 CFR 15, any recipient of federal financial assistance, regardless of the amount, is subject to civil rights reviews. 2018 2017 2016 2015 2014 Georgia* Wisconsin South Carolina* Illinois Louisiana* Idaho Nevada Maryland* Michigan Texas Utah Washington District of Columbia West Virginia* Kentucky* Arizona New York Florida *1862 and 1890 5
Strategic Approach • Determine your current state – Reality Check – Can be achieved by understanding compliance and then conduct your own internal audits • Identify what is important for overall success – The law is paramount – Strategic planning with baseline comparator while looking at parity – Priority issues • Define the requirements/what must be achieved – Clear and concise expected objectives • Living Document—under constant review – On going process with scheduled reviews 6
Intentionality the fact of being deliberate or purposive! 7
What is a barrier? A policy, procedure, practice or condition that limits opportunities for citizens because they are members of a particular race, color, national origin, ethnic background, sex or because of a disability 8
Types of Barriers • Institutional • Attitudinal • Physical 9
Barrier Analysis 4 Step Process 1. 2. 3. 4. Identify Triggers Investigate Barriers Devise Action Plans Assess Results 10
What is a Trigger? • • • Triggers are “red flags. ” Conditions, disparities, or anomalies found in workplace policies, procedures, practices, and conditions that warrant further inquiry. Entities must investigate triggers to determine whether actual barriers exist. 11
Step 1: Trigger Identification • Identify possible triggers using a variety of sources: § Analyzing demographic data as an initial diagnostic tool and compare to your outreach plan § Reviewing survey results from prior meetings/educational endeavors, for trends § Conducting focus groups n Speaking to stakeholders n Investigating to pinpoint root cause of potential barrier 12
Step 2: Investigate Barriers • Attempt to pinpoint root causes of observed triggers by: – Develop requests for information that flows from triggers; – Review pertinent documents; and – Consult resources (internal/external) 13
Step 3: Devise Plan of Action n Determine whether barriers are job related and consistent with business necessity. If not, plan to eliminate those barriers. Consider modifications even where barriers are job related and consistent with business necessity. Report plan and progress to leadership annually. 14
Step 4: Assess Results n n Assess success of plan; Track Progress; should be measurable; Hold practitioners accountable; and Periodic re-assessments should be done to discover if plans needs adjusting 15
Extension Compliance Review Key Aspects • • • Diverse workforce with skills to carry out duties. Advisory committees and boards are representative of the geographical are being served. Customers understand the complaint process and staff is trained on the process too. Statewide Equal Opportunity/Diversity Plan to include internal audit schedule. Accessibility for disabled. 4 H equal access for all clubs and reflected of the eligible. Program Participation Data (REG). Media outlets/public notification. Mailing Lists 16
Extension Reviews Best Practices Challenges • LEP Practitioner • LEP Coordinator w/Fact Sheets • 4 H Documents referencing fairness and equity while providing detailed complaint process • Public Notification of Persons with Disability w/wheelchair signage • Strategic Plan with baseline comparator data • • • Failure to collect REG data Lack of strategic analysis against eligible with actuals in setting a formative path forward Lack of accessibility on documents/flyers, etc Lack of LEP analysis and awareness Lack of usage regarding nondiscrimination statements Lack of CR training for faculty and staff 17
Research Compliance Review Key Aspects • • Management Organization Structure Resource Allocation Graduate Students Employment Professional Development and Promotion Public Notification Accessibility to Research Information and Facilities Limited English Proficiency 18
Research Reviews Best Practices Challenges • Provide Accessibility for persons with disabilities and experiments stations • LEP Practitioner • LEP Coordinator w/Fact Sheets • Accountability Measures Implemented to ensure access and equity for graduate students • Communication breakdown with experiment station understanding the needs of the citizens • Lack of CR training for faculty, interns, and staff 19
Employment Compliance Review Key Aspects • • • • Management Organization Structure Staffing Profile Applicant Flow Data New Hires Promotions Separations/Retention Recruitment and Hiring Strategy Equal Opportunity Policies and Directives Staff Development and Training Complaints and EEO Counseling Committees Salary Administration Special Programs 20
Employment Reviews Best Practices Challenges • Staff has significant interaction with the AA office • AA plan is clearly articulate to everyone • Substantive EO online training modules • Clear and concise plan outlining compensation • Failure to track applicant flow data • Lack of understanding regarding the AA plan • Not aware that an AA plan is required • Staff unaware of their right to due process—how to file a complaint 21
THANK YOU! Q and A Bobbie. moore@usda. gov (202) 720 -2700 22
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