Civil Rights 101: Assuring equal access and opportunity in Extension

1. Civil Rights 101:Assuring equal access and opportunity in Extension Fairness……...Equality……….Respect

2. Why are compliance reviews conducted? • To determine and assure compliance with federal laws and USDA departmental regulations related to non-discrimination in programs, services, and employment practices. • USDA civil rights regulations 7 CFR 15, “any recipient of federal financial assistance, regardless of the amount, is subject to civil rights reviews.”

3. Benefits of a compliance review? • Provides an additional means of program evaluation to determine if the needs of clientele, including protected groups, are being met • Provides more readily available information on efforts to service minority groups and for reports/requests • Encourages staff to develop new programs & methods/techniques to reach new audiences • Meets the laws, regulations, and policies requiring reviews • Avoids problems of investigations and complaints associated with legal non-compliance when alleged by outside parties.

4. Benefits of a compliance review?P.2 • Brings staff to a better understanding of the need for documentation and records • Provides a basis for improving personnel and program management methods through benchmark data to measure progress. • Increases staff awareness of managerial responsibilities in areas of employee supervision, training, and development • Complements informal visits and conferences between state and county staff members regarding civil rights and equal opportunity matters. • Improves State Extension supervisory and administrative staff knowledge over overall county program and any changes/improvements needed

5. Benefits of a compliance review?P. 3 • Documents information for Director and State supervisory and administrative staff; reduces possibility of misinformation and/or lack of communication • Enables county staff to be more knowledgeable of laws, rules, and regulations and supports buy-in to the process and its integration into office and program operations • Uncovers areas in which State policies on CR & EEO matters need to be strengthened or better communicated. • Facilitates preparation of county and state work plans that support CR/EEO requirements

6. Commonly requested documents and items • County highway and city maps • Census data • All mailing lists (including master list of mailing lists) • Position descriptions and Job assignments • Extension Planning Groups (by-laws, membership, agendas, minutes, letters, etc.) • County staff conference minutes • Civil Rights Documents

7. Commonly requested documents and items, p.2 • Documents by Program area • (ANR, FCS, 4-H, and CD) • Current Affirmative Action File • Sample news releases • Sample letters, correspondence, newsletters • Attendance lists for programs/activities • Samples of outreach efforts • Summary of annual program participation • List of Ag. Producers (ANR only) • ES-237, 4-H by-laws, participation in 4-H events (4-H only) • Annual Affirmative Action Plan (FCS, 4-H only) • Standing rules for special groups (TEEA, 4-H, MGs, MNs, etc) • ENP staff listing

8. Commonly requested documents and items, p.3 • TCFF Issues • TExAS Work Plans (2 yrs) • Monthly Reports (2 yrs) • List of community organizations • List of mass media • Others • What are “all reasonable efforts?” • mass media • personal letters • personal contacts

9. Major Statutes and Departmental Regulations • Civil Rights Act of 1964, Titles VI & VII • Rehabilitation Act of 1973, Section 504 • Age Discrimination in Employment Act of 1967 • Americans with Disabilities Act of 1990 • Title IX of the Education Amendments of 1972 • Civil Rights Act of 1991 • USDA DR 4330-2 • Equal Pay Act of 1963

10. Civil Rights Act of 1964Title VI & Title VII • Title VII - Prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. • Title VI – Prohibits discrimination in the provision of public programs and services on the basis of race, color, religion, sex, or national origin. Discussion question: What’s the difference? Disparate Treatment vs. Disparate Impact

11. Rehabilitation Act of 1973, Section 504 • Prohibits employment discrimination against federal employees with disabilities

12. Age Discrimination in Employment Act of 1967 • Prohibits employment discrimination against individuals 40 years of age or older

13. Americans with Disabilities Act of 1990Title I & Title V • Prohibits employment discrimination on the basis of disability in both the public and provide sector, excluding the federal government. • Title I – Provides for the provisions of the act • Title V – Provides miscellaneous provisions and guidance for EEOC enforcement of Title I provisions

14. Title IX of the Education Amendments of 1972 • “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 educational program or activity receiving Federal financial assistance.” • Extends civil rights act protections to women

15. Civil Rights Act of 1991 • “To amend the Civil Rights Act of 1964 to strengthen and improve Federal civil rights laws, to provide for damages in cases of intentional employment discrimination, to clarify provisions regarding disparate impact actions, and for other purposes.” • Allows for compensatory & punitive damages

16. USDA DR 4330-2 • Serves as the official USDA Departmental Regulation providing guidance to USDA agencies on issues related to non-discrimination. • The regulation addresses 1). the conduct of civil rights compliance reviews and 2). the processing of administrative complaints of discrimination filed within USDA.

17. Equal Pay Act of 1963 • Prohibits discrimination on the basis of gender in compensation for substantially similar work under similar conditions. • Considers job factors such as… • skills – experience, ability, education, and training required to do the job • effort – amount of physical or mental exertions needed to perform the job • responsibility – degree of accountability • working conditions – physical and hazard-related • establishment – locus of job/place of business

18. Discriminatory Practices Educational programs of Texas Cooperative Extension are open to all people without regard to race, color, sex, disability, religion, age, or national origin. • Race/Color (hair, facial features, skin color) • Unlawful to discriminate on the basis of race/color • Applies to hiring, termination, promotion, compensation, job training, terms/condition/privileges of employment • Also prohibits use of stereotypes or assumptions of attributes, abilities, traits, conditions, etc • Prohibits both intentional actions and neutral policies that disproportionately exclude minorities • Prohibits segregation or classification Applicable law: Civil Rights Act of 1964

19. Discriminatory Practices • Sex • Cannot deny participation in nor benefits of employment or programs/activities on the basis of sex • Some exclusions exist for religious schools or sex-based programs • Includes pregnancy, childbirth, and related medical conditions • May treat affected employees consistent with those with temporary disabilities • Cannot deny health benefits or discriminate on marital status Applicable law: Title IX of Education Amendments, 1972 Pregnancy Determination Act, CRA of 1964 Equal Pay Act of 1963

20. Discriminatory Practices • Disability • Must provide notice of accommodations • Must make reasonable accommodations • Must not segregate those requiring accommodations • Maintaining a list of service providers and/or auxiliary equipment • Applies to both employees and clientele Applicable law: Americans with Disabilities Act of 1990

21. Discriminatory Practices • Religion • Must provide reasonable accommodations for religious practices unless employer can prove undue hardship • “New age” training programs may conflict with religious beliefs (Yoga, biofeedback, meditation) • Religious beliefs that prohibit borrowing or paying dues • Job duties conflicting with Sabbath observances or religious holidays • Employer must honor religious objections if they are made as such. Applicable law: Civil Rights Act of 1964

22. Discriminatory Practices • Age • Applies to persons 40 years or age or older • Affects employers with over 20 employees • Disparate treatment of any employee, volunteer, or service recipient in job notices, advertisements, pre-employment inquiries, benefits, hiring, firing, transfers, promotions, layoffs, training, job assignments. Applicable law: Civil Rights Act of 1964

23. Discriminatory Practices • National origin • English-only rule – unless it is critical to the business purpose and notice is provided • Limited English Proficiency (LEP) – requires agencies to provide meaningful access to persons with LEP • Accent – unless employer can show detrimental effect on performance or make business case • Harassment – behavior that creates an intimidating, hostile, or offensive work environment or otherwise affect performance or employment opportunities • Immigration-related – employment eligibility verification requests or other actions that create requirements of some and not others or requests that could reasonably be interpreted to be factors in an employment or program decision. Applicable law: Civil Rights Act of 1964 Immigration Control and Reform Act of 1986 Executive Order 13166

24. References • http://csrees.usda.gov/about/offices/equalop.html • Equal Opportunity Office of CSREES • http://www.eeoc.gov/ • Equal Employment Opportunity Commission • http://www.usdoj.gov/crt/cor/ • US Dept. of Justice, Civil Rights Division, Coordination and Review Section • USDA CSREES Civil Rights Compliance Review Guide for Extension Programs (2005). • http://www.tamus.edu/offices/eo/ • Equal Opportunity Office of The Texas A&M University System