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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THANK YOU!

Q and A

Bobbie.moore@nifa.usda.gov

(202) 720-2700

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