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Civil Rights Update: Laws and Policies in Research

Explore the laws and policies surrounding civil rights in research, including discrimination laws, sexual harassment, education programs, and disabilities.

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Civil Rights Update: Laws and Policies in Research

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  1. “Focus on Civil Rights”Civil Rights UpdateSoutheast Regional Association of State Agricultural Experiment Station DirectorsTunica, MississippiApril 5, 2006Presented by: Norman E. Pruitt CSREES

  2. Workshop Topics • Civil Rights Laws and USDA policy and regulations • Effectuating Civil Rights laws and USDA policy and regulations in research • CSREES “Research Review Guide” IV. Diversity and Outreach Efforts

  3. Discrimination Law The Civil Rights Act of 1866 This Act provides that: “All persons within the jurisdiction of the United States shall have the same right to make and enforce contracts, to sue, be parties, and give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as it is enjoyed by white citizens, and shall be subject to take punishments, pains, penalties, taxes, licenses, and extractions of every kind, and to no other.”

  4. Discrimination Law 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.”

  5. Discrimination Law Title VII of the Civil Rights Act of 1964 • The Act provides that it shall be an unlawful employment practice for an employer. • to fail or refuse to hire or discharge any individual, or otherwise to discriminate against any individual with respect to his compensation terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin;

  6. Civil Rights Act of 1968 Provides criminal penalties for interfering with employment based on race, color, sex, religion, national origin

  7. Sexual Harassment Harassment on the basis of sex is a violation of Section 703 of Title VII. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment.

  8. 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.”

  9. Rehabilitation Act of 1973 Sections 503 and 504 Prohibits discrimination under any program receiving federal assistance. Cuts off aid to employment programs which discriminate. Also prohibits discrimination against beneficiaries of federal assistance. Pinpoint Provisos explicitly limits the cutoff action to particular political entity or other recipients involved in discriminatory action.

  10. Discrimination Law The Americans With Disabilities Act of 1990 • The ADA is a Federal antidiscrimination statute designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same employment opportunities and program services that are available to persons without disabilities.

  11. The Americans With Disabilities Act of 1990—continued • The definition of the term “disability” is divided into three parts. An individual is considered to have a “disability” if that individual either: (1) has a physical or mental impairment which substantially limits one or more of that person’s major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment.

  12. Civil Rights Act of 1991 Extends existing laws against employment discrimination by providing for increased damages and jury trials in cases of intentional sex, religious, and disability bias. Victims of racial discrimination continue to be eligible of unlimited damage awards.

  13. Discrimination The Civil Rights Act of 1991: • provides appropriate remedies for intentional discrimination and unlawful harassment in the workplace; • codifies the concepts of “business necessity” and “job related” enunciated by the Supreme Court:

  14. The Civil Rights Act of 1991—Continued • confirms statutory authority and provides statutory guidelines for the adjudication of disparate impact suits under Title VII of the Civil Rights Act of 1964; • responds to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination.

  15. Discrimination Law The Equal Pay Act of 1963 • The EPA which is a portion of the Fair Labor Standard Act of 1938 prohibits pay differentials between employees on the basis of sex by paying wages to employees at a rate less than the rate that which employees of the opposite sex for equal work on jobs which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

  16. The Equal Pay Act of 1963—continued • The Act permits differences in wages if paid pursuant to: (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential based on any other factor other than sex.

  17. Discrimination Law The Age Discrimination in Employment Act of 1967 • The ADEA provides that it is unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to the individual compensation, terms, conditions, or privileges of employment, because of such individuals age, between 40 and 70 years. • The ADEA was amended in 1978 to further promote the employment of older persons based on their ability rather than age.

  18. Civil Rights Policy in USDA The USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.)

  19. Mission CSREES’ mission is to advance knowledge for agriculture, the environment, human health, and well-being, and communities.

  20. Civil Rights Policy in USDA Regulatory and Executive Orders • 7 CFR Part 15-Nondiscrimation • 7 CFR Part 15a-Education Programs or Activities Receiving or Benefiting from Federal Financial Assistance. • 7 CFR Part 15b-Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance.

  21. Civil Rights Policy in USDA Regulatory and Executive Orders—continued • 45 CFR Part 90-Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal Financial Assistance. • USDA DR-4330-2 Nondiscrimination in Programs and Activities Receiving Federal Financial Assistance from USDA.

  22. USDA REGULATION 7 CFR 15 Any recipient of federal financial assistance, regardless of the amount, is subject to Civil Rights reviews. Further, ...“In the case in which a primary recipient extends Federal financial assistance to any other recipient, such other recipient shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under the regulations in this part”…[1] [ 1] 7 CFR Subtitle A (1-1-02 Edition) §15.5 (b), page 364.

  23. § 15.3 Prohibits in Research Programs • Discrimination in making available information whether published or provided through public or private statement, correspondence, demonstration, or field day. • Discrimination in participation in any Cooperative Research Program or project. • Discrimination in the use of any facility, including offices, laboratories, or other structures or research plots or fields. • Discrimination in employment of graduate students to conduct research when such students receive substantial research training benefits as a result of such employment.

  24. Program Compliance Reviews Compliance reviews are regular, systematic inspections designed to determine whether recipients of USDA financial assistance are complying with the provisions of Title VI of the Civil Rights Act and the Department’s rules and regulations implementing the Act.

  25. Program Compliance Reviews • Compliance Reviews are the heart of the system of determining how well benefits and services are being delivered by recipients in compliance with Title VI. • When properly done, compliance reviews can provide evidence upon which to project trends and make recommendations for policy changes to improve research programs and projects to benefit all farmers and customers.

  26. Cooperation and Assistance Seek the cooperation of recipients in obtaining compliance with the regulations and this part and shall provide assistance and guidance to recipients to help them comply voluntarily with the regulations in this part.

  27. USDA – CSREES Research Compliance Reviews Process • Once a research institution has been selected and scheduled for review, by CSREES, the head of the research institution is advised of the anticipated date for commencement of the review. 2. The CSREES reviews will be initiated by the Equal Opportunity Staff contacting the Research Directors/Administrators in the State to discuss the process, any special issues, and to establish the schedule and locations for the review.

  28. USDA-CSREES Research Compliance Reviews Process continued • The review will seek to gain a clear understanding of what the State Research officials are doing to ensurenondiscrimination in: • • The operations of research activities and research projects; • • How officials conduct educational programs for staff on civil rights topics; and • • How officials take corrective action when discrimination occurs.

  29. USDA-CSREES Research Compliance Reviews Process continued 4. Preliminary findings are presented at an “exit” conference with Research officials.

  30. Cooperative State Research, Education, and Extension Service Guide for Civil Rights Review of Research Programs and Projects /1 for CSREES-USDA Administrative Use Only __________ /1 The review guide was developed with input, direction, guidance, and technical assistance from State land-grant universities faculty members and administrators, including representatives from ESCOP.

  31. This civil rights compliance review guide is for the use of CSREES-USDA equal opportunity specialists in conducting State Research Reviews. • Serves as the primary document to help Research administrators, faculty, and staff prepare for a civil rights review. • Serves as an educational document that is necessary to assure that State recipients are working in compliance with equal opportunity policies in the implementation of Research programs and projects.

  32. Areas for Review of Research Programs 1. Management Organization 6. Civil Rights and Diversity Training for Faculty and Staff 2. Resource Allocation 7. Internal Evaluation Plan of Civil 3. Graduate Students Civil Rights Activities 4. Employment 8. Public Notification 5. Professional Development 9. Accessibility to Research and Promotion Information and Facilities 10. Limited English Proficiency (LEP)

  33. Areas for Review for Research Programs • Management Organization Assess the management organizational structure of State research programs and/or recipients of Federal financial assistance for research programs or projects. Recipients of Federal financial assistance should have a clear organizational structure for civil rights/diversity administration including, but not limited to the identification of a person responsible for civil rights.

  34. Areas for Review for Research Programs • Management Organization continued a. Organizational Structure: 1) University; 2) Experiment Station; 3) Research Organization b. Civil Rights Structure c. Research Administration Structure

  35. Areas for Review for Research Programs • Resource Allocation Assess the extent to which resources for supporting research have been allocated on a nondiscriminatory basis. a. Research project selection processing. b. Research project selection committee. (if applicable)

  36. Areas for Review for Research Programs • Resource Allocation continued c. Start up package administration and process. d. Process to allocate laboratories, research facilities, and support staff. e. Mentoring efforts for faculty and staff. f. Process and procedure to select advisory and stakeholder groups.

  37. Areas for Review for Research Programs • Resource Allocation continued g. Interaction of administration and faculty with advisory and stakeholder groups. h. Describe efforts to involve new and more diverse sources of input for determining research needs. i. Coordinated Research efforts between 1862 and 1890 land-grant institutions and/or other minority-serving institutions.

  38. Areas for Review for Research Programs • Graduate Students Graduate Students often serve an integral role in CSREES funded research projects. Assess graduate student related data and information for the appropriate administration of the functional unit receiving CSREES research funding such as departments, colleges, and Experimental Stations. Include historical trends to the extent data is available.

  39. Areas for Review for Research Programs • Graduate Students continued a. Graduate student recruitment process. b. Data on race, ethnicity, and gender of graduate students. Identify domestic and international graduate students. c. Attrition and completion rates of Ph.D. students. d. Process and procedures for scholarships and awards.

  40. Areas for Review for Research Programs • Graduate Students continued e. Describe the process for awarding graduate assistantships and how funds are allocated. f. Process to assign research projects. g. Efforts to advise and support graduate students.

  41. Areas for Review for Research Programs • Employment All components of the university, college, department, and agency are subject to equal employment opportunity laws prohibiting discrimination. Statutes pertinent to programs receiving Federal financial assistance also prohibits employment discrimination if it is a pattern and practice, and/or if it is having an adverse impact on research projects and operations.

  42. Areas for Review for Research Programs • Professional Development and Promotion Professional development enhances a person’s qualifications for promotions and job opportunities. Assess the extent to which professional development opportunities are equally accessible to all faculty and staff.

  43. Areas for Review for Research Programs • Civil Rights and Diversity Training for Faculty and Staff The institution is responsible for helping faculty and staff to understand civil rights laws, rules, regulations, policies, and procedures, and to value diversity and inclusion within the organization. Assess the extent to which this is being accomplished and the relationship to diversity.

  44. Areas for Review for Research Programs • Internal Evaluation Plan of Civil Rights Activities Most institutions and organizations have developed an internal evaluation plan to delineate civil rights policies and procedures and to assess compliance with them.

  45. Areas for Review for Research Programs • Public Notification The institution and/or recipient of Federal funds is responsible for informing the public, including traditionally underrepresented and underserved groups, of the institution’s responsibilities regarding civil rights. Assess the extent to which this is being accomplished.

  46. Areas for Review for Research Programs • Public Notification continued a. Informing the public of USDA, CSREES, and State civil rights responsibilities. b. Use of USDA’s “…And Justice for All” poster. c. Notification to internal employee groups of civil rights policy.

  47. Areas for Review for Research Programs • Public Notification continued d. Efforts to disseminate research information to traditionally underserved populations. e. Availability of research information in a nondiscriminatory manner.

  48. Areas for Review for Research Programs • Accessibility to Research Information and Facilities The institution is responsible for making its programs and facilities accessible to all beneficiaries and employees with disabilities.

  49. Areas for Review for Research Programs • Limited English Proficiency (LEP) Department of Justice regulation, “recipients of Federal financial assistance have a responsibility to ensure meaningful access to their programs and activities by persons with limited English.” • Limited English Proficiency (LEP) policies and procedures and identify efforts to provide relevant research information to people with LEP.

  50. Planning Development and Implementation Land-Grant partner: • Civil Rights • Equal Opportunity • Engaged University • Audience Expansion

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