XXII. Civil Rights

1.  Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color, or national origin in the delivery of services or benefits by recipients of federal financial assistance.  42 U.S.C. 2000d; 28 C.F.R. pt. 42, subpt. D.
2.  Section 504 of the Rehabilitation Act of 1973, as amended, prohibits discrimination on the basis of disability in both employment and the delivery of services or benefits by recipients of federal financial assistance.  29 U.S.C. § 794; 28 C.F.R. pt. 42, subpt. G.
3.  Title II of the Americans with Disabilities Act of 1990, as amended, prohibits discrimination on the basis of disability in both employment and the delivery of services or benefits by public entities. Statute; 42 U.S.C. § 12132; 28 C.F.R. pt. 35.Revised ADA Regulations Implementing Title II and Title III
4.  The Age Discrimination Act of 1975, as amended, prohibits discrimination on the basis of age in the delivery of services or benefits by recipients of federal financial assistance.  42 U.S.C. § 6102; 28 C.F.R. pt. 42, subpt. I.
5.  Title IX of the Education Amendments of 1972, as amended, prohibits discrimination on the basis of sex in educational programs or activities receiving federal financial assistance.  20 U.S.C. § 1681; 34 C.F.R. pt. 106.; 28 C.F.R. pt. 54
6.  The Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, prohibits discrimination on the basis of race, color, national origin, sex, or religion in both employment and the delivery of services or benefits by a recipient of federal financial assistance under the Safe Streets Act.  34 U.S.C. § 10228; 28 C.F.R. pt. 42, subpt. D.
7.  The Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974, as amended, adopts by reference the civil rights provisions of the Safe Streets Act. The JJDPA prohibits discrimination on the basis of race, color, national origin, sex, and religion in both employment and the delivery of services or benefits by recipients of federal financial assistance under the JJDPA. Recipients of funding under the Safe Streets Act and VOCA must also comply with the Equal Employment Opportunity Plan requirements of the Safe Streets Act. 34 U.S.C. § 10228 ; see also 28 C.F.R. pt. 42, subpt. E.
8.  The Victims of Crime Act (VOCA) of 1984, as amended, prohibits discrimination on the basis of race, color, national origin, sex, religion, or disability in both employment and the delivery of services or benefits by recipients of federal financial assistance under VOCA. Recipients of funding under the Safe Streets Act and VOCA must also comply with the Equal Employment Opportunity Plan requirements of the Safe Streets Act.  34 U.S.C. § 20110(e)
9.  The Partnerships with Faith-Based and Other Neighborhood Organizations Regulation of the U.S. Department of Justice (DOJ) prohibits faith-based organizations that receive DOJ financial assistance from using federal resources to advance inherently (or explicitly) religious activities such as worship, religious instruction, or proselytization and prohibits discrimination in federally-assisted social service programs based on religion in the delivery of services or benefits. 28 C.F.R. pt. 38; see also Exec. Order No. 13,559, 75 Fed. Reg. 71,319 (May 4, 2016) (Fundamental Principles and Policymaking Criteria for Partnerships with Faith-Based and Other Neighborhood Organizations); Exec. Order No. 13,279, 67 Fed. Reg. 77,141 (Dec. 12, 2002) (Equal Protection of the Laws for Faith-Based and Community Organizations).
10.  The Violence Against Women Act (VAWA) of 1994, as amended, prohibits discrimination in programs either funded under the statute or administered by the Office on Violence Against Women, both in employment and in the delivery of services or benefits. 34 U.S.C. § 12291(b)(13)

1. The federal civil rights laws that apply to OCJP subrecipient agencies collectively prohibit discrimination in both employment and the delivery of services or benefits based on race, color, national origin, sex, religion, age, or disability. 
2.  All subrecipient agencies must have a written policy that prohibits discrimination, including discriminatory programs having components related to diversity, equity and inclusion, in both employment and the delivery of services or benefits based on race, color, national origin, sex, religion, age, or disability, and establishes a civil rights complaint procedure.
3. All subrecipient agencies are prohibited from operating any programs (including such programs having components related to diversity, equity and inclusion) that violate any applicable civil rights or nondiscrimination laws.
4. All subrecipient agencies must identify a compliance coordinator and a procedure for responding to discrimination complaints.  Each agency must submit the name and contact information of the person responsible for reporting all civil rights complaints and findings to OCJP by completing the Certification of Regulations Compliance form as an attachment to its grant contract.
5. All subrecipient agencies must notify their employees, program participants, beneficiaries, and other interested persons that they do not discriminate based on race, color, national origin, sex, religion, age, or disability. To assist agencies in complying with this requirement see Appendix C. Agencies are required to post this or similar signage regarding Civil Rights compliance and procedures for filing a discrimination complaint.
6. The recipient acknowledges that 34 U.S.C. § 12291(b)(13) prohibits recipients of Office of Violence Against Women (OVW) awards from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by OVW. Recipients may provide sex-segregated or sex-specific programming if doing so is necessary to the essential operations of the program, so long as the recipient provides comparable services to those who cannot be provided with the sex-segregated or sex-specific programming. The recipient agrees that it will comply with this provision. The recipient also agrees to ensure that any subrecipients ("subgrantees") at any tier will comply with this provision.

1. All subrecipient agencies must have written procedures for responding to complaints alleging unlawful discrimination in employment and the delivery of services or benefits on the basis of race, color, religion, national origin, age, sex, disability. Instructions for filing a complaint of discrimination in employment and delivery of services directly with the Department of Finance and Administration Civil Rights Coordinator may be found  on the OCJP website or by emailing FA.CivilRights@tn.gov. 
2. Subrecipient agencies or individuals may file complaints of discrimination in employment and the delivery of services or benefits with The Civil Rights Enforcement Division of the Tennessee Attorney General’s Office, the Tennessee Department of Human Resources, or with the F & A Civil Rights Coordinator
   
3. Subrecipient agencies or individuals may file complaints of discrimination in employment and the delivery of services or benefits directly with the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights (OCR).  Instructions for filing a complaint may be found on the OCR website at https://www.ojp.gov/about/ocr/complaint.htm.
4. Subrecipient agencies must have policies prohibiting discrimination related to employment and procedures for filing complaints. Complaints related to employment may be filed with Tennessee Office of Attorney General, TN Department of Human Resources, or with the Equal Employment Opportunity Commission at https://www.eeoc.gov/employees/charge.cfm.

Each subrecipient agency should have a plan to assist clients with limited English proficiency (LEP).  LEP persons are individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English.  Title VI of the Civil Rights Act of 1964  requires subrecipients to take reasonable steps to ensure that LEP persons have meaningful access to their programs and activities. Examples of language assistance services include telephone interpreter lines, bilingual staff and volunteers, oral interpretation services, and written language services. 

Each subrecipient agency should have a plan to provide effective communication, which includes making "auxiliary aids and services" available to people who have hearing, vision, or speech disabilities as required by the Americans with Disabilities Act and 504 of the Rehabilitation Act of 1973. Examples of these aids include qualified sign language interpreters, qualified readers, taped texts, and accessible information and communication technology (ICT).

Subrecipient agencies should evaluate their current practices in providing language-access services to LEP beneficiaries and auxiliary communication aids and services to people with disabilities and train staff members in public-contact positions on the agency process for making such services and aids available to clients.

For information on providing services to LEP persons and for detailed agency-specific guidance on language-access services, see www.LEP.gov.

As a condition for receiving financial assistance from DOJ, OCJP subrecipient agencies and any subcontracted agency at any tier must  comply with all applicable requirements of  DOJ regulation  entitled, "Partnerships with Faith-Based and Other Neighborhood Organization", 28 C.F.R. Part  38.  Among other things, 28 C.F.R. Part 38 states that a faith-based organization that participates in federal grant programs retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in federal law. This regulation states that a faith-based organization may not use direct Federal financial assistance, whether received through a prime award or sub-award, to support or engage in any explicitly religious activities, including activities that involve overt religious content such as worship, religious instruction, or proselytization.

An organization receiving federal financial assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities related to such services, discriminate against a program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that relate to engaging in or conducting explicitly religious activities and requires that such activities must be separate either in time or in place from the federally funded program and any participation in the inherently religious activities by program beneficiaries must be voluntary.

Subrecipients and any subcontracted agency that provides social services under the award must give written notice to all beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). 

A sample written notice is provided with Appendix J Written Notice Beneficiary Protections.

Contrary to the general rule under federal law that prohibits employment discrimination based on religion, funded faith-based organizations may, in some circumstances, take religion into account in making hiring decisions.  Subrecipient faith-based organizations that have employment policies favoring co-religionists see the OJP website or contact their OCJP program manager for additional information.

All recipients of federal financial assistance are subject to the provisions of the laws and regulations listed above, which prohibit discrimination based on race, color, national origin, age, sex, or disability. Regulations governing Civil Rights compliance require that all OCJP subrecipients provide annual Civil Rights training for all employees.

To improve compliance with Civil Rights laws, OCJP requires that all grant Project Directors and the Civil Rights Compliance Officers provide evidence of having completed Civil Rights training provided on the OCJP website annually.  All new Project Directors must complete the training program within ninety (90) days of their start date.  At the end of the online quiz, Project Directors should retain verification of completion in the grant file.  The Project Director and the Civil Rights Compliance Officer should complete this training annually.  Verification of the training must be retained in the personnel files.

To be in compliance with OCJP’s training requirement on Civil Rights, subrecipient agencies must train all other staff members by using the training program on OCJP’s website or another training program that includes information on Civil Rights compliance.  Although staff members other than the Project Directors may complete the online quiz at the end of OCJP’s training program, they are not required to do so.  Project Directors are responsible for maintaining documentation showing that staff members completed the required Civil Rights training annually.

The Civil Rights Compliance Training Presentation and Quiz is available here.

Civil Rights training: the OCJP grant Project Director and Civil Rights Compliance Officer  are required to access the training and quiz at this link annually. They are then responsible to use this or other training materials for the rest of the agency staff.