Understanding Civil Rights and

Affirmative Action

New Educator Orientation

January 29, 2013

Civil Rights

Personal rights acquired by an individual by being a citizen or

resident of this county.

For our purpose here today, civil rights means……

We are working in compliance with equal opportunity policies in the implementation of our Extension

programs.

What is affirmative action?

• Affirmative action is a set of proactive measures to counteract the effects of past and present discrimination, intended or unintended in employment and program delivery.

• We need to identify groups that have been underprivileged or underserved. That includes women and minorities.

Civil Rights Compliance• Title VI of the Civil Rights Act of 1964• Section 504 of the Rehabilitation Act of 1973• Americans with Disabilities Act of 1990• Age Discrimination Act of 1975• Title IX of the Education Amendments of 1972• Civil Rights Restoration Act of 1987• Restoration Act of 1991• USDA DR 4330-2, Nondiscrimination in

Programs/Activities Receiving Federal Assistance for USDA, dated March 3, 1999

Section 504 of the Rehabilitation Act of 1973

• No otherwise qualified disabled individual in the United States….shall, solely by reason of his/her disability, be excluded from participation in, be denied benefits of, or be subjected to discrimination.

Title VI of the Civil Rights Act of 1964

• Non-Discrimination in Federally-Assisted Programs

– No person shall, on the grounds 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.

Americans with Disabilities Act of 1990

• ADA guarantees equal opportunity for individuals with disabilities. For Extension, the ADA seeks to ensure access to Extension programs and to equal employment opportunities based on merit.

Age Discrimination Act of 1975

• This act prohibits age discrimination in federally-assisted programs.

Title IX of Education Amendments of 1972

• This act prohibits gender discrimination in federally- assisted education programs and activities.

Civil Rights Restoration Act of 1987

• Purpose of the act is to make clear that a college or organization that accepts federal funding must comply with laws outlawing discriminatory practices based upon race, religion, color, national origin, gender, age or disability.

Restoration Act of 1991

• A bill to strengthen and improve Federal civil rights laws.

USDA DR 4330-2, Nondiscrimination in Programs/Activities Receiving Federal Assistance

for USDA, dated March 3, 1999

• The purpose of this Departmental Regulation (DR) is to establish and convey policy and provide guidance and direction to Department of Agriculture (the Department or USDA) agencies and employees to ensure compliance with and enforcement of the prohibition against discrimination in programs and activities funded in whole or in part by the Department. This DR is limited to and specifically addresses……….

Conducting civil rights compliance reviews of programs and activities receiving financial assistance from USDA- and processing administrative complaints of discrimination filed with the Department in any program or activity receiving financial assistance from USDA.

In layman terms……

Civil rights means that every client and colleague is treated with fairness, quality and respect and that we are inclusive and adequately diverse.

Important Aspects of Compliance

with Civil Rights Legislation/Regulations

Public Notification & Outreach Efforts

The purpose of public notification efforts is to keep all eligible program recipients informed of available programs.

How do you do that?

All reasonable effort is defined as special efforts to identify and reach individuals within under-served clientele groups through the use of mass media, personal visits, and/or letters.

Must make all reasonable effort to reach a diverse audience. If you put a flyer in one feed store, senior nutrition site or youth center, then you should put a flyer in all of them.

Anything in print must contain the correct non-discrimination statement.

Identify Barriers to Participation

• Unaware of program availability• Staff unfamiliar with a particular culture• Geographical distance from planned location• Day and time of activity planned• The need for child care

Document special efforts to overcome any of these barriers.

Program Advisory Committees

• Meet a minimum of once a year for agriculture, rural development and two times per year for 4-H & FCS

• One-third of the members are replaced annually

• Geographic, economic, race and gender diversity (4-H PAC should be 1/3 youth.)

All county civil rights files are subject to state and federal review.

District staff will review county files on a four-year rotational cycle.

Benefits of the Review Process

• Increase awareness of responsibilities• Understand the need for documentation• Improve personnel & program management• Provides data to measure progress• Avoid problems • Enable staff to become knowledgeable of laws,

rules and regulations• Identifies areas where civil rights and

affirmative action efforts can be improved.

Let’s take a close look at the Civil Rights Review Compliance Guide