Civil Rights Compliance and Outreach in 2021
Civil Rights
Compliance
and
Outreach
2021
Objectives
The participant will have a better understanding of:
Civil Right Laws
Recognize and prevent discrimination based on
any of the protected classes
Civil Rights Compliance
Why ANR Collects Data on Race, Ethnicity and
Gender
How to Collect Data
USDA Civil Rights
•
Benefits of Programs are made available to all
eligible participants in a non-discriminatory
manner.
•
ANR must implement Civil Rights requirements.
Civil Rights Laws
Civil Rights are the rights of individuals
to receive equal treatment based on
certain legally protected classes.
Civil Rights Laws
Title VI of the Civil Rights Act of 1964
“No person in the United States shall, on the
ground 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.”
Civil Rights Laws
•
Title VI of the Civil Rights of 1964
-
Race, Color, and National Origin
•
Sections 503 & 504 of the Rehabilitation Act of 1973 and the
Americans with Disabilities Act (ADA), & the ADA
Amendments Act of 2008
-
Disability
•
Title IX of the Education Amendments of 1972
-
Sex
•
Age Discrimination Act of 1975
-
Age
Discrimination
•
Different treatment or denial of benefits
•
Either intentionally, by neglect or by the
actions or lack of actions
•
Based on the protected classes
Protected Class Categories
•
Race/Ethnicity
•
Color
•
National Origin
•
Religion
•
Sex
•
Gender
•
Gender
Expression
•
Gender Identity
•
Pregnancy
•
Disability
•
Medical Condition
•
Genetic Information
•
Ancestry
•
Marital Status
•
Age
•
Sexual Orientation
•
Citizenship
•
Veteran
Cannot discriminate on the basis of a protected class
UC ANR Non-Discrimination Statement
The University of California Agriculture and Natural Resources (UC ANR) prohibits discrimination against or harassment
of any person employed by or seeking employment with UC ANR on the basis of race, color, national origin, religion, sex,
gender, gender expression, gender identity, pregnancy (which includes pregnancy, childbirth, and medical conditions
related to pregnancy or childbirth), physical or mental disability, medical condition (cancer-related or genetic
characteristics), genetic information (including family medical history), ancestry, marital status, family/parental status,
income derived from a public assistance program, political beliefs, age, sexual orientation, citizenship, or status as a U.S.
veteran.
UC ANR policy prohibits retaliation against any employee or person seeking employment for bringing a complaint of
discrimination or harassment. UC ANR policy also prohibits retaliation against a person who assists someone with a
complaint of discrimination or harassment, or participates in any manner in an investigation or resolution of a complaint
of discrimination or harassment. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to
employment. UC ANR also prohibits any reprisal or retaliation for prior civil rights activity.
UC ANR is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national origin, disability, age or veteran status.
UC ANR policy is intended to be consistent with the provisions of applicable State and Federal laws. Inquiries regarding
UC ANR’s equal employment opportunity policies or our nondiscrimination policies may be directed to either: UCANR,
Interim Affirmative Action Compliance Officer, or, Title IX Coordinator, University of California, Agriculture and Natural
Resources, 2801 Second Street, Davis, CA 95618, (530) 750-1280. Email:
hdapp@ucdavis.edu
. Website:
http://ucanr.edu/sites/anrstaff/Diversity/Affirmative_Action/
.
Retaliation Prohibited
Retaliation prohibited against:
•
Individuals who file complaints,
•
Individuals for participating in any manner in an
investigation or resolution of a complaint of
discrimination or harassment or
•
Anyone opposing discrimination.
•
Anyone because of their political beliefs.
Protected Activity
Retaliation Examples
o
Refusing to speak to a
complainant
o
Badmouthing the
complainant to others
o
Ridicule or humiliation
of the complainant
o
Refusing to provide a
recommendation
Retaliation includes threats, intimidation, reprisals,
and/or adverse actions.
o
Excluding from
participating in
meetings or projects
o
Poor performance
evaluation
o
Demotion
o
Termination/Forced
resignation
Assure Nondiscrimination
Assure the same meaningful access to
educational information and resources to
everyone who participates in your
programs.
COLLECTING DATA
Why Collect Data
“Each recipient shall keep such records and submit to the
Agency timely, complete and accurate compliance
reports at such times, and in such form and containing
such nformation, as the Agency may determine to be
necessary to ascertain whether the recipient has complied
or is complying ...”
In general, recipients should have available for the
Agency racial and ethnic data showing the extent to
which members of minority groups are beneficiaries of
federally assisted programs.
7 CFR 15.5 (b)
Purpose of Data Collection
•
To determine how effectively ANR programs are
reaching eligible persons and beneficiaries.
•
Purpose is to produce data on characteristics of
population served and monitor compliance.
•
It is a requirement for ANR to collect Race,
Ethnicity and Gender (REG) Data annually.
•
REG data may be checked during civil rights
compliance reviews.
Potential Clientele
In a given county or program, the potential clientele
consists of all those individuals or organizations who
have a need for, would benefit from, and who are
eligible for participation in any educational activity
that might be conducted. The demographic
breakdown becomes the baseline for that particular
clientele group.
The number and percent of persons eligible to
participate in programs and related activities.
Actual Clientele
Actual participants in the applied research and/or
educational programs carried out in the accomplish-
ment of the CE program’s mission are the actual
clientele contacts. The number of contacts (broken
down by race, ethnicity and gender) are documented in
Project Board. Enrollees in CE programs who are
tracked in systems outside of Project Board (i.e. 4-H
enrollees, EFNEP participants, Master Gardener or
Master Food Preserver volunteers) are not counted as
contacts in Project Board in most cases. (Call AA
Office for clarification.)
Program Compliance
Program Compliance or compliance with federal
requirements is achieved when:
1.
“Parity” is achieved
2.
If parity is not achieved, then when “All
Reasonable Effort” (ARE) is established
3.
ARE should be re-established each year
Program Compliance by . . .
Parity or ‘parity of participation’ is defined by the USDA
as when the percentage of each minority group making up
your actual contacts comes to within 20% of their
percentage in the baseline.
For example:
Hispanics make up 10% of your potential
or baseline. To have parity, Hispanics should make up at
least 8% of your actual contacts in order for your
program to be in parity for Hispanics.
Parity
Program Compliance by . . .
ARE is the utilization of specific outreach methods in
order to expand access and move toward or maintain
parity of participation
All Reasonable Effort (ARE)
---
Must minimally use 3 of 4 activities to reach potential
clientele, moving toward or to maintain parity:
•
All available mass media
•
Newsletters, promotional materials/flyers
•
Personal letters/invitations
•
Personal, face-to-face invitations (or by phone)
Ways to Collect Data
It is
optional
for participants to provide Racial Ethnic,
or Gender (REG) information.
It is our job to ASK.
Self-identification by the applicant/participant is the
only recognized method.
Helps for REG collection:
https://ucanr.edu/sites/ProjectBoardHelp/Affirmative_Action_
_Civil_Rights_Compliance_Training/
Staff may not “second guess,” or in any other way
change or challenge a self-declaration made by the
applicant/participant.
Do I need to Keep Records of Who
Participates in My Program
Yes, you should keep records of clientele who participate
in your program
There are various contact records you should keep that
include the race, ethnicity and gender of the contact
(should it be available)
Phone and face-to-face meeting logs Emails, letters,
correspondence
Meeting attendance sign-in sheets
Newsletter mailing lists
Farmers’ Markets or open-house “type” activities – if
available
Indicators of Possible Non-Compliance
Statistical data--percentage of participants by race,
ethnicity or gender are out of proportion to percentage of
population in the area
No ARE activity, ARE not established
Organization-type activity--no contacts made in clientele
groups defined as “organization”
Resources
More information on Affirmative Action, Civil Rights
and Equal Opportunity can be found on the website of
the Affirmative Action Office:
http://ucanr.edu/sites/anrstaff/Diversity/Affirmative_Action/
David White, Affirmative Action Analyst, Title IX
Investigator (530) 750 –1286,
dewhite@ucanr.edu
Project Board help:
https://ucanr.edu/sites/ProjectBoardHelp/Affirmative_Action
__Civil_Rights_Compliance_Training/
Explore the essential aspects of civil rights compliance, including laws, discrimination prevention, and protected classes. Learn why data collection on race, ethnicity, and gender is crucial, and delve into the key regulations such as Title VI of the Civil Rights Act of 1964. Understand the benefits of USDA programs being available to all eligible participants and the importance of non-discriminatory practices in outreach and implementation. Gain insights into various protected class categories and the significance of equal treatment for individuals.
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Presentation Transcript
Civil Rights Compliance and Outreach 2021
Objectives The participant will have a better understanding of: Civil Right Laws Recognize and prevent discrimination based on any of the protected classes Civil Rights Compliance Why ANR Collects Data on Race, Ethnicity and Gender How to Collect Data
USDA Civil Rights Benefits of Programs are made available to all eligible participants in a non-discriminatory manner. ANR must implement Civil Rights requirements.
Civil Rights Laws Civil Rights are the rights of individuals to receive equal treatment based on certain legally protected classes.
Civil Rights Laws Title VI of the Civil Rights Act of 1964 No person in the United States shall, on the ground 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.
Civil Rights Laws Title VI of the Civil Rights of 1964 - Race, Color, and National Origin Sections 503 & 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), & the ADA Amendments Act of 2008 - Disability Title IX of the Education Amendments of 1972 - Sex Age Discrimination Act of 1975 - Age
Discrimination Different treatment or denial of benefits Either intentionally, by neglect or by the actions or lack of actions Based on the protected classes
Protected Class Categories Race/Ethnicity Color National Origin Religion Sex Gender Gender Expression Gender Identity Pregnancy Disability Medical Condition Genetic Information Ancestry Marital Status Age Sexual Orientation Citizenship Veteran Cannot discriminate on the basis of a protected class
UC ANR Non-Discrimination Statement The University of California Agriculture and Natural Resources (UC ANR) prohibits discrimination against or harassment of any person employed by or seeking employment with UC ANR on the basis of race, color, national origin, religion, sex, gender, gender expression, gender identity, pregnancy (which includes pregnancy, childbirth, and medical conditions related to pregnancy or childbirth), physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, family/parental status, income derived from a public assistance program, political beliefs, age, sexual orientation, citizenship, or status as a U.S. veteran. UC ANR policy prohibits retaliation against any employee or person seeking employment for bringing a complaint of discrimination or harassment. UC ANR policy also prohibits retaliation against a person who assists someone with a complaint of discrimination or harassment, or participates in any manner in an investigation or resolution of a complaint of discrimination or harassment. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment. UC ANR also prohibits any reprisal or retaliation for prior civil rights activity. UC ANR is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, age or veteran status. UC ANR policy is intended to be consistent with the provisions of applicable State and Federal laws. Inquiries regarding UC ANR s equal employment opportunity policies or our nondiscrimination policies may be directed to either: UCANR, Interim Affirmative Action Compliance Officer, or, Title IX Coordinator, University of California, Agriculture and Natural Resources, 2801 Second Street, Davis, CA 95618, (530) 750-1280. Email: hdapp@ucdavis.edu. Website: http://ucanr.edu/sites/anrstaff/Diversity/Affirmative_Action/.
Retaliation Prohibited Retaliation prohibited against: Individuals who file complaints, Individuals for participating in any manner in an investigation or resolution of a complaint of discrimination or harassment or Anyone opposing discrimination. Anyone because of their political beliefs. Protected Activity
Retaliation Examples Retaliation includes threats, intimidation, reprisals, and/or adverse actions. o Excluding from participating in meetings or projects o Poor performance evaluation o Demotion o Termination/Forced resignation o Refusing to speak to a complainant o Badmouthing the complainant to others o Ridicule or humiliation of the complainant o Refusing to provide a recommendation
Assure Nondiscrimination Assure the same meaningful access to educational information and resources to everyone who participates in your programs.
Why Collect Data Each recipient shall keep such records and submit to the Agency timely, complete and accurate compliance reports at such times, and in such form and containing such nformation, as the Agency may determine to be necessary to ascertain whether the recipient has complied or is complying ... In general, recipients should have available for the Agency racial and ethnic data showing the extent to which members of minority groups are beneficiaries of federally assisted programs. 7 CFR 15.5 (b)
Purpose of Data Collection To determine how effectively ANR programs are reaching eligible persons and beneficiaries. Purpose is to produce data on characteristics of population served and monitor compliance. It is a requirement for ANR to collect Race, Ethnicity and Gender (REG) Data annually. REG data may be checked during civil rights compliance reviews.
Potential Clientele In a given county or program, the potential clientele consists of all those individuals or organizations who have a need for, would benefit from, and who are eligible for participation in any educational activity that might be conducted. The demographic breakdown becomes the baseline for that particular clientele group. The number and percent of persons eligible to participate in programs and related activities.
Actual Clientele Actual participants in the applied research and/or educational programs carried out in the accomplish- ment of the CE program s mission are the actual clientele contacts. The number of contacts (broken down by race, ethnicity and gender) are documented in Project Board. Enrollees in CE programs who are tracked in systems outside of Project Board (i.e. 4-H enrollees, EFNEP participants, Master Gardener or Master Food Preserver volunteers) are not counted as contacts in Project Board in most cases. (Call AA Office for clarification.)
Program Compliance Program Compliance or compliance with federal requirements is achieved when: 1. Parity is achieved 2. If parity is not achieved, then when All Reasonable Effort (ARE) is established 3. ARE should be re-established each year
Program Compliance by . . . Parity Parity or parity of participation is defined by the USDA as when the percentage of each minority group making up your actual contacts comes to within 20% of their percentage in the baseline. For example: Hispanics make up 10% of your potential or baseline. To have parity, Hispanics should make up at least 8% of your actual contacts in order for your program to be in parity for Hispanics.
Program Compliance by . . . All Reasonable Effort (ARE) ARE is the utilization of specific outreach methods in order to expand access and move toward or maintain parity of participation --- Must minimally use 3 of 4 activities to reach potential clientele, moving toward or to maintain parity: All available mass media Newsletters, promotional materials/flyers Personal letters/invitations Personal, face-to-face invitations (or by phone)
Ways to Collect Data It is optional for participants to provide Racial Ethnic, or Gender (REG) information. It is our job to ASK. Self-identification by the applicant/participant is the only recognized method. Helps for REG collection: https://ucanr.edu/sites/ProjectBoardHelp/Affirmative_Action_ _Civil_Rights_Compliance_Training/ Staff may not second guess, or in any other way change or challenge a self-declaration made by the applicant/participant.
Do I need to Keep Records of Who Participates in My Program Yes, you should keep records of clientele who participate in your program There are various contact records you should keep that include the race, ethnicity and gender of the contact (should it be available) Phone and face-to-face meeting logs Emails, letters, correspondence Meeting attendance sign-in sheets Newsletter mailing lists Farmers Markets or open-house type activities if available
Indicators of Possible Non-Compliance Statistical data--percentage of participants by race, ethnicity or gender are out of proportion to percentage of population in the area No ARE activity, ARE not established Organization-type activity--no contacts made in clientele groups defined as organization
Resources More information on Affirmative Action, Civil Rights and Equal Opportunity can be found on the website of the Affirmative Action Office: http://ucanr.edu/sites/anrstaff/Diversity/Affirmative_Action/ David White, Affirmative Action Analyst, Title IX Investigator (530) 750 1286, dewhite@ucanr.edu Project Board help: https://ucanr.edu/sites/ProjectBoardHelp/Affirmative_Action __Civil_Rights_Compliance_Training/
