a tour of civil rights reviews and discovery of state best practices - a... · 2018-05-02 · a...
TRANSCRIPT
A Tour of Civil
Rights
Reviews and
Discovery of
State Best
Practices
Bobbie A. Moore,
Civil Rights Director,
NIFA
1NIFA/EOS presentation for training and discussion ONLY!
NERAOC April 2018
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.”
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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.”
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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)
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2017 2016 2015 2014 2013Nevada South Carolina* Illinois Louisiana* Rhode Island
Kentucky* Maryland* Michigan Mississippi*
Wisconsin Texas Utah Iowa
District of Columbia Arizona Nebraska
New York Florida
* 1862 and 1890
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.
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
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Intentionality
the fact of being deliberate or purposive!
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What is a barrier?
A policy, procedure, practice or condition that limits opportunities for citizens because they aremembers of a particular race, color, national origin, ethnic background, sex or because of a disability
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Types of Barriers
• Institutional
• Attitudinal
• Physical
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Barrier Analysis 4 Step Process
1. Identify Triggers
2. Investigate Barriers
3. Devise Action Plans
4. Assess Results
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What is a Trigger?
• Triggers are “red flags.”
• Conditions, disparities, or anomalies found in workplace policies, procedures, practices, and conditions that warrant further inquiry.
• Agencies must investigate triggers to determine whether actual barriers exist.
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Step 1: Trigger Identification
• Identify possible triggers using a variety of sources: Analyzing workforce statistics as an initial diagnostic tool which
is an incomplete picture of the state of our workforce Reviewing EEO Complaints and grievances etc., for trends Conducting focus groups Speaking to stakeholders Reviewing studies and employment practices with HR officials Reviewing existing workforce studies resources, e.g., Employee
Exit Interview data etc. Investigating to pinpoint root cause of potential barrier
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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 experts
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Step 3: Devise Plan of Action
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.
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Step 4: Assess Results
Assess success of plan;
Track Progress; should be measurable;
Hold agency officials accountable; and
Periodic re-assessments should be done to discover if plans needs adjusting
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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.
• 4H equal access for all clubs and reflected of the eligible.
• Program Participation Data (REG).
• Media outlets/public notification.
• Mailing Lists
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Extension Reviews
Best Practices
• LEP Practitioner
• LEP Coordinator w/Fact
Sheets
• 4H 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
Challenges
• 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 non-
discrimination statements
• Lack of CR training for faculty and
staff
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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
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Research Reviews
Best Practices
• 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
Challenges
• Communication breakdown
with experiment station
understanding the needs of the
citizens
• Lack of CR training for faculty,
interns, and staff
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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
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Employment Reviews
Best Practices
• 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
Challenges
• 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
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