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Civil Rights Act of
1866
Grant all citizens of the United States the same rights as enjoyed by white citizens.
Civil Rights Act of 1964, Title VI
Prohibits discrimination under any PROGRAM OR ACTIVITY receiving federal financial assistance.
Civil Rights Act of 1964, Title VII
Prohibits discrimination of employment practices by employers, employment agencies, or labor organizations. Prohibits sexual harassment of any employee, program volunteer or participant.
Civil Rights Act of
1968, Title VIII
Provides, within constitutional limitations, fair housing throughout the United States.
The Equal Employment
Opportunity Act of 1972
Strengthens the enforcement powers of the EEO Commission and provides for the establishment of training and education programs.
Education Amendments of 1972, Title IX
Provides that no person on the basis of sex be excluded from participation in, denied the benefits of, or subjected to discrimination under any education program receiving federal assistance.
Executive Order #11246
Provides equal employment opportunity for all qualified persons.
Executive Order #11375
Amends Executive Order #11246 to include "sex."
Executive Order #11478
Provides for equal opportunity in federal employment.
Secretary's Memorandum No. 1662
Provides for equal access and opportunity in all aspects of USDA programs and services.
Secretary's Memorandum No. 1662, Supplement 1
States USDA's policy on Civil Rights.
Secretary's Memorandum No. 1662, Supplement 2
Strengthens efforts by developing a public notification plan which will see that all eligible people -- particularly minorities and underprivileged are informed of all USDA program benefits.
Secretary's Memorandum No. 1662, Supplement 3
Provides for development and presentation of training courses in civil rights for staff to increase awareness of minority group problems and improving services to them.
Secretary's Memorandum No. 1662, Supplement 4
Directs the USDA to include civil rights and environmental impact consideration in its analysis of proposed and pending legislation where appropriate.
Secretary's Memorandum No. 1662, Supplement 5
Promotes parity of participation by minority groups in the benefits of USDA programs and provides approved targets against which performance can be measured.
Secretary's Memorandum No. 1662, Supplement 6
Establishes an Upward Mobility Advisory Board to see that employees are given an opportunity to acquire skills and abilities needed to complete an advancement to positions of greater responsibility.
Rehabilitation Act of 1973, Section 504
Prohibits discrimination against qualified handicapped persons in programs or employment receiving or benefiting from Federal Financial assistance.
Office of General Counsel Memorandum 1977: Sex-Separate Events and Awards in 4-H Rodeo Contests
Applicable to 4-H events. Indicates that to segregate 4-H members into male and female for contest purposes is to subject those persons to discrimination.
|
Specific
Date
|
Act or
Law
|
Significant
Focus or Relevance
|
| Civil Rights Acts of 1866 | "All citizens of U.S. are granted the same rights as enjoyed by white citizens." | |
| Equal Pay Act of 1963 Executive Order 11375 | Requires equal pay for equal work regardless of sex. | |
| 7/2/1964 | Civil Rights Act of 1964 (Public Law - 880-352 88th Congress - H.R. 7152) | Most far reaching of Civil Rights legislation. Eleven sections are listed; commonly called titles - voting, public accommodations, public education, etc. |
| Title VI and Title VII apply to Extension. | ||
| Title VI - prohibits discrimination on programming because of race, color or national origin. | ||
| Title VII - prohibits discrimination by employers in employment without regard to race, color, religion, sex, or national origin. | ||
| 7/2/1965 | Supplemental Instructions for Administration of Title VI of the Civil Rights Acts of 1964 in the Cooperative Extension |
Helps to clarify the administration of Title VI. Lists examples of discriminatory practices in: 1. Programming process a) program planning b) program execution 2. Staff Housing and Facilities 3. Staff Assignment and Development 4. Special Events Also asked for compliance statement by University and Director CE. |
| 10/6/1965 | Amendment to Section B of Supplemental Instructions dated 7-2-65 | States that C E cannot assist or conduct educational programs through any group or organization that follows discriminatory practice based on race, color, or national origin. |
| Each State Extension Director is responsible to see that we notify our clientele that we serve only those who do not discriminate. Also that we find out whether other groups are in non-compliance before we provide services. Records should be kept as necessary for this purpose. | ||
| 9/29/1968 | New Part to Title VII - Agriculture (Subtitle A) of Code of Federal Regulations (CFR) in Federal Register Vol. 33 No. 169 | On May 18, 1968, Secretary of Agriculture noted changes to be made in Title VII. Subtitle A - changes made are in this plan. |
| Basis upon which EEO plan was developed. | ||
| Describes terms, purposes, how to develop the EEO plan, elements of program, formal complaint procedure, review and decision, reports, noncompliance sanctions. | ||
| Age Discrimination in Employment Act of 1967 | Protects those who are 40-65 years old against discrimination in employment. | |
| The upper age limit was eliminated. It is now "40 and above" (December 31, 1993). | ||
| 1/24/1969 | Rules and Regulations Amended Title VII Agriculture, Part 15 - Discrimination Code of Federal Regulations | Purpose was to effectuate the provisions of Title VI of Civil Rights Act of 1964 to the end that no person in USA on grounds of race, color, or national origin be excluded from participating in, be denied benefits of or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from Department of Agriculture. |
| 15.3 describes Discrimination prohibited. | ||
| a. General - No persons race, color or national origin, etc., participation, benefits or otherwise. . .apply but are not restricted to. . .priority, quality, quantity, methods or charges for services, use, occupancy or benefit, participation in service or benefit available, or in the use, occupancy or benefit of any structures, facility, or improvement. | ||
| b. Specific discriminatory actions prohibited (examples, not all inclusive) | ||
| c. Employment practices | ||
| d. Examples - 1. Making available, or manner in making available, instruction, demonstrations, information, and publication. 2. Facility, offices, training facilities, lecture hall. 3. Training activities, admission to or participation in fairs, field days events. | ||
| 9/23/1969 | Secretary's Memorandum No. 1662 USDA Policy on Civil Rights | Memorandum is same as court of law. |
| Reaffirmation of intent of USDA to carry out Civil Rights Act. | ||
| ". . .is assigned responsibility for developing and implementing a comprehensive civil rights to insure that the intent of the law and President Nixon's equal opportunity | ||
| policy is effectively carried out in all programs and activities. | ||
| Continues to say - following steps to be taken: | ||
| 1. In Training - Reason for planned training time in Plan of Work. | ||
| 2. In Evaluation - Base data to measure progress. | ||
| 3. In Compliance - Correct programs and report every six months. | ||
| 4. In Employment - Race, color, religion, sex, or national origin. | ||
| 5. In Audits - Inspector General will continue. | ||
| 6. In Investigations - Inspector General will investigate complaints. | ||
| 7. In Law - continues to say that his immediate staff will be trained in this area by June 30, 1970 and that a proposed civil rights training for all other personnel be accomplished during Fiscal Year 1971. | ||
| . . . that evaluation of progress is essential and by 9-30-69 and quarterly thereafter reports will be made on planning, action and accomplishments. | ||
| . . . that we comply in areas of facilities, offices, etc; conduct programs for all; and do not discriminate by race, color or national origin. | ||
| . . . that employment practices shall not be discriminatory on basis of race, color, religion, sex, or national origin. (1) Special efforts (2) EEO must become integral part (3) Provide for fair complaint procedure. Memorandum provides for audits, investigations of law to fulfill memorandum. Number of previous memoranda are voided by this memorandum. | ||
| . . . that we comply in areas of facilities, offices, etc; conduct programs for all; and do not discriminate by race, color or national origin. | ||
| . . . that employment practices shall not be discriminatory on basis of race, color, religion, sex, or national origin. (1) Special efforts (2) EEO must become integral part (3) Provide for fair complaint procedure. Memorandum provides for audits, investigations of law to fulfill memorandum. Number of previous memoranda are voided by this memorandum. | ||
| 7/27/1990 | Secretary's Memorandum No. 1662 - Supplement # 1 | Deals with program evaluation |
| 1. Establish measures of the numbers of minority groups in the population eligible to participate in each program. | ||
| 2. Establish and maintain system for collecting and reporting racial data on participation in USDA programs in all counties. | ||
| (Racial data and statistics shall be maintained under safeguards which will prevent their use for discriminatory purposes.) | ||
| 3. Each fiscal year conduct a statistical review to evaluate minority group participation and evaluate extent of conformance to EEO objectives. | ||
| 4. Submit an annual evaluation report on status. | ||
| 5/28/1971 | Secretary's Memorandum No. 1662 - Supplement #2 | Deals specifically with public notification plan, particularly for minorities and underprivileged, to see that they are informed of all USDA program benefits and of the protection against discrimination contained in our regulations. |
| Directs each Agency head to develop a public notification plan including: | ||
| 1. Advising minorities of program availability and the requirement for non-discrimination. | ||
| 2. Display "And Justice For All" posters. | ||
| 3. Inform minorities of new programs and program changes by mailing information to "grassroots" organizations. | ||
| 4. Notify Office of Information of any new programs or program changes - they will disseminate further. | ||
| 5. Submit "Success Stories" to Office of Information. | ||
| 6. Include Statement of Nondiscrimination | ||
| Submit plan by June 30, 1971. | ||
| 6/28/1971 | Secretary's memorandum No. 1662 - Supplement #3 | Deals with training in Civil Rights. Reaffirms civil rights training will be continued. Those not trained since 9-23-69 need to be trained. |
| Each agency shall develop a plan for training in Civil Rights. Due on July 15, 1977. | ||
| 1/4/1972 | Secretary's Memorandum No. 1662 - Supplement #4 | Include environmental impact in analysis of proposed legislation affecting USDA. |
| 3/24/1972 | Equal Employment Opportunity Act of 1972 (Public Law 92-261; 92nd Congress - H.R. 1746; March 24, 1972) | Includes educational institutions, state and local government. |
| Title VII provisions of Civil Rights Act of 1964 are included. | ||
| Describes Equal Employment Opportunity Commission role. | ||
| Individual complainant may seek court remedy if dissatisfied with EEOC handling. | ||
| Establishes procedures for handling EEO complaints. | ||
| 5/18/1972 | Secretary's Memorandum No. 1662 - Supplement #5 | Deals with progress of program benefits to minority groups. |
| Beginning with fiscal year 1973, directs us to incorporate targets for the delivery of program benefits to minority groups into their advance program planning procedures. It will serve two major purposes: | ||
| 1. Promote party of participation by minority groups in the benefits of USDA program. | ||
| 2. Provide approved targets against which performance can be measured. | ||
| 6/15/1972 | Secretary's Memorandum No. 1662 - Supplement #6 | Establishment of Upward Mobility Advisory Board. |
| 7/1/1972 | Washington State Human Rights Commission | Eliminate discrimination in employment, property transactions because of race, creed, color or national origin. |
| 7/27/1973 | Secretary's Memorandum No. 1662 - Supplement #3 (Revised) | Deals with continuing training for new staff members. |
| A standard Civil Rights training program established. All agencies instructed to begin utilizing this USDA program. | ||
| All new people, as a minimum, will receive this training. | ||
| 1/30/1975 | Rules and Regulations Amended Title VII Agriculture Part 15 Nondiscrimination - Civil Rights Act of 1964 Title VI | Supersedes USDA regulations concerning Title VI of Civil Rights Act of 1964 (7 CFR 15) |
| Nondiscrimination in Federally Assisted Program | Major changes: | |
| Notes prohibiting discrimination in selection of members of planning and advisory bodies. | ||
| May not make selections or sites that would deny participation. | ||
| Shall include all services, financial, and other benefits available. | ||
| Must take affirmative action to overcome prior effects of discrimination. | ||
| In absence of prior discrimination we (recipient) must take positive action to overcome effects of conditions which resulted in limiting participation by persons of a particular race, color, or national origin. | ||
| Emphasis again on employment practices of the recipient to assure equality of opportunity to and non-discriminatory treatment of beneficiaries. | ||
| We must keep records (documentation) available at all times. This includes financial reports and racial and ethnic data. | ||
| May file a complaint to Secretary or any agency within 180 days. | ||
| 9/30/1975 | Report of USDA-ECOP Task Force on Civil Rights | Examined problems and concerns in effective administration of Title VI of Civil Rights Act and EEO program. |
| - Focused on employment area | ||
| - Task Force made recommendations | ||
| Establish employment goals and labor market availability for minorities. | ||
| 1. Clerical, support, and paraprofessional 18-64. | ||
| 2. Minority goals by aggregating data for minority county and area employment with data for minority state. | ||
| 2/6/1976 | Secretary's Memorandum No. 1894 | A follow-up to ECOP Task Force on Civil Rights. |
| Adopted Employment Goals Based on Minority Labor Force Availability. | ||
| Identification of eligible program participants based upon State Cooperative Extension Services Program missions, consistent with enabling legislation, funding requirements, and applicable Departmental missions. | ||
| 6/3/1977 | Rehabilitation Act of 1973 Section 504 | Prohibits discrimination against qualified handicapped students in programs receiving or benefiting from Federal financial assistance. |
| Title IX of Education Amendments of 1972 (Response to Ruling Request of March 23, 1977) | Applicable to all 4-H events. Indicates that to segregate 4-H members into male and female for contest purposes is to subject those persons to discrimination. | |
| 11/18/1978 | Title IX - Equal Opportunity Admin. Regulations | Provides a functional statement and operational procedures for the Office of Equal Opportunity. Contains general review of various Secretary's Memoranda going back to 1966 e.g. |
| Agencies within USDA are responsible for carrying out: | ||
| a. Evaluation of program participation based upon Base data and program target setting. | ||
| b. Compliance by correcting programs not acting on segregated basis and conducting audits. | ||
| c. Employment practices so programs are not affected by being discriminatory. | ||
| d. Public Notification Plans to have all eligible persons become aware of USDA programs. | ||
| Also discussed Title VI complaint procedures. | ||
| 4/11/1979 | Publication of Rules and Regulations about Title IX in Federal Register | Review of specific laws and procedures to follow in employment and programming in relation to Title IX. |
| 10/1/1981 | Plans and Procedures for administration and implementation of Title IX affecting Cooperative Extension | Requires Cooperative Extension to develop a systematic program for implementation. |
The Americans with Disabilities Act (ADA) is a federal antidiscrimination statute designed to ensure equal access to opportunities and benefits for qualified individuals with disabilities. The act seeks to remove barriers preventing qualified people with disabilities from enjoying the same programs and employment opportunities, independent living and economic self-sufficiency enjoyed by those without disabilities.
New legislation often results from the discrepancy between legislation and its interpretation in the courts. The ADA is more comprehensive and clearer about who and what is covered than previous legislation.
An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities or has a record of such an impairment (has had a disability in the past) or is regarded as having such an impairment (is not actually disabled but is stigmatized that way, e.g., has a facial disfigurement).
The Act has five titles:
Title I: Employment
This covers the employment relationship including access to the recruitment
and interview process.
Title II: Public
Services and Transportation
Covers public services (including state and local government) and transportation,
and extends the prohibition of discrimination in programs established by Section
504 of the Rehabilitation Act which only covered public entities receiving federal
financial assistance.
Title III: Public
Accommodations and Commercial Facilities
Requires that places of public accommodation (such as doctors' offices) and
commercial facilities (such as bowling alleys) be accessible to people with
disabilities.
Title IV: Telecommunications
Provides for telecommunications relay services for hearing and speech-impaired
individuals including closed captioning.
Title V: Miscellaneous
Provisions
Includes provisions on accessibility standards, enforcement, attorney's fees,
insurance issues, and individuals not considered disabled.
Cooperative Extension is particularly involved in Title I with employment, Title II with program accessibility, Title III to the extent we use other public and commercial facilities for our programs, and in the telecommunications access network that is set up under Title IV.
The law protects qualified individuals in the employment relationship. A qualified individual with a disability is a person who meets the skill, experience, education, and other job-related requirements of a position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of such a position. In other words, no one is expected to employ someone unqualified just because he or she has a disability. By the same token, people who are qualified cannot be discriminated against solely on the basis of a disability.
Job descriptions must be carefully developed to list as requirements only functions that are truly essential to the job. It is up to the individual to demonstrate how the tasks could be accomplished. For example, there cannot be a requirement for lifting 70 pounds, unless the person will actually have to lift 70 pounds as part of the job. A drivers license cannot be required unless the person must be able to drive to carry out the essential functions of the job.
We are required to make reasonable accommodation during the hiring process if the applicant is ADA eligible and makes a request. We can ask for documentation of need for an accommodation. Pre-employment enquiries may not include asking about the existence, nature or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical exam, but only if it is required for all entering employees in the job.
We are also required to provide reasonable accommodation to allow existing employees with disabilities or who become disabled, to do their job. Reasonable accommodation may include, but is not limited to:
The best approach is to
discuss with the employee what changes he or she needs and be ready to move
quickly to put them in place. Don't assume you know what will be needed. Employers
are not required to lower quality standards or to provide personal-use items
such as glasses or hearing aids.
Even if buildings are not accessible, our programs and services must be. It is obviously easier to make programs accessible if your building or the other meeting places you use conform to requirements. Failing this, it will be necessary to hold meetings in alternate facilities when necessary—schools are a good place to work with as most are accessible. It may be necessary to install a phone in the lobby and meet clients there. Volunteers could be recruited to read to blind people who need information. Information in publications could be enlarged on a copier for people with sight impairments. Talk to people with disabilities in your community to find out what simple changes might make your programs available to all.
Reasonable notice of need for accommodation can be required and is recommended. Program publicity should include the following or something similar:
Persons with a disability requiring special accommodation while participating in this event may call __________. If accommodation is not requested _____days in advance, we cannot guarantee the availability of accommodation on-site.
People with disabilities may not be asked to pay the cost of accommodation, but the cost can be figured in the general registration fee or covered in some other way.
Educational service providers are not obligated to pay for help with personal services. For example, if a participant in a 4-H camp needs an adult attendant, we should facilitate that person to come, but we do not have to pay for their time.
"Customer preference" is never an acceptable defense for discrimination. That means that it is never an excuse to discriminate against people with disabilities because "people don't like to work with them."
Be hospitable and flexible in providing services. If there is an undue burden in providing the needed accommodation, we must provide at least what can reasonably be provided.
People who believe they have been discriminated against have a right to complain to the county, the state or the federal government. Complaints about Cooperative Extension programs should follow the same procedures as other civil rights complaints. These are outlined in the Policies and Procedures on the web. It is infinitely more satisfactory for the person with the grievance to resolve such problems at the local level. However, people have a right to complain directly to the Secretary of Agriculture if they wish.
ADA compliance will be reviewed as part of the ongoing civil rights compliance review process.