Focus on Civil Rights Civil Rights Update Southeast Regional Association of State Agricultural Exper

1
Focus on Civil RightsCivil Rights
UpdateSoutheast Regional Association of State
Agricultural Experiment Station DirectorsTunica,
MississippiApril 5, 2006Presented by Norman
E. Pruitt CSREES
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• Workshop Topics
• Civil Rights Laws and USDA policy and regulations
• Effectuating Civil Rights laws and USDA policy
  and regulations in research
• CSREES Research Review Guide
• IV. Diversity and Outreach Efforts

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• Discrimination Law
• The Civil Rights Act of 1866
• This Act provides that All persons within the
  jurisdiction of the United States shall have the
  same right to make and enforce contracts, to sue,
  be parties, and give evidence, and to the full
  and equal benefit of all laws and proceedings for
  the security of persons and property as it is
  enjoyed by white citizens, and shall be subject
  to take punishments, pains, penalties, taxes,
  licenses, and extractions of every kind, and to
  no other.

4

• Discrimination Law
• 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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• Discrimination Law
• Title VII of the Civil Rights Act of 1964
• The Act provides that it shall be an unlawful
  employment practice for an employer.
• to fail or refuse to hire or discharge any
  individual, or otherwise to
• discriminate against any individual with
  respect to his compensation terms, conditions,
  or privileges of employment, because of such
  individuals race, color, religion, sex, or
  national origin

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• Civil Rights Act of 1968
• Provides criminal penalties for interfering with
  employment based on race, color, sex, religion,
  national origin

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• Sexual Harassment
• Harassment on the basis of sex is a violation of
  Section 703 of Title VII. Unwelcome sexual
  advances, requests for sexual favors, and other
  verbal or physical conduct of a sexual nature
  constitute sexual harassment.

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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 and 504
• Prohibits discrimination under any program
  receiving federal assistance. Cuts off aid to
  employment programs which discriminate. Also
  prohibits discrimination against beneficiaries of
  federal assistance. Pinpoint Provisos explicitly
  limits the cutoff action to particular political
  entity or other recipients involved in
  discriminatory action.

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• Discrimination Law
• The Americans With Disabilities Act of 1990
• The ADA is a Federal antidiscrimination statute
  designed to remove barriers which prevent
  qualified individuals with disabilities from
  enjoying the same employment opportunities and
  program services that are available to persons
  without disabilities.

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• The Americans With Disabilities Act of
  1990continued
• The definition of the term disability is
  divided into three parts. An individual is
  considered to have a disability if that
  individual either
• (1) has a physical or mental impairment which
  substantially limits
• one or more of that persons major life
  activities,
• (2) has a record of such an impairment, or
• (3) is regarded as having such an impairment.

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• Civil Rights Act of 1991
• Extends existing laws against employment
  discrimination by providing for increased damages
  and jury trials in cases of intentional sex,
  religious, and disability bias. Victims of
  racial discrimination continue to be eligible of
  unlimited damage awards.

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• Discrimination
• The Civil Rights Act of 1991
• provides appropriate remedies for
  intentional discrimination and unlawful
  harassment in the workplace
• codifies the concepts of business
  necessity and job related enunciated by
  the Supreme Court

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• The Civil Rights Act of 1991Continued
• confirms statutory authority and provides
  statutory guidelines for the adjudication of
  disparate impact suits under Title VII of the
  Civil Rights Act of 1964
• responds to recent decisions of the Supreme
  Court by expanding the scope of relevant
  civil rights statutes in order to provide
  adequate protection to victims of discrimination.

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• Discrimination Law
• The Equal Pay Act of 1963
• The EPA which is a portion of the Fair Labor
  Standard Act of 1938 prohibits pay differentials
  between employees on the basis of sex by paying
  wages to employees at a rate less than the rate
  that which employees of the opposite sex for
  equal work on jobs which requires equal skill,
  effort, and responsibility, and which are
  performed under similar working conditions.

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• The Equal Pay Act of 1963continued
• The Act permits differences in wages if paid
  pursuant to
• (1) a seniority system
• (2) a merit system
• (3) a system which measures earnings by quantity
  or quality of production or
• (4) a differential based on any other factor
  other than sex.

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• Discrimination Law
• The Age Discrimination in Employment Act of 1967
• The ADEA provides that it is unlawful for an
  employer to fail or refuse to hire or to
  discharge any individual or otherwise
  discriminate against any individual with respect
  to the individual compensation, terms,
  conditions, or privileges of employment, because
  of such individuals age, between 40 and 70
  years.
• The ADEA was amended in 1978 to further
  promote the employment of older persons based on
  their ability rather than age.

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• Civil Rights Policy in USDA
• The USDA prohibits discrimination in all its
  programs and activities on the basis of race,
  color, national origin, age, disability, and
  where applicable, sex, marital status, familial
  status, parental status, religion, sexual
  orientation, genetic information, political
  beliefs, reprisal, or because all or part of an
  individuals income is derived from any public
  assistance program. (Not all prohibited bases
  apply to all programs.)

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• Mission
• CSREES mission is to advance knowledge
• for agriculture, the environment, human health,
• and well-being, and communities.

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• Civil Rights Policy in USDA
• Regulatory and Executive Orders
• 7 CFR Part 15-Nondiscrimation
• 7 CFR Part 15a-Education Programs or Activities
  Receiving or Benefiting from Federal Financial
  Assistance.
• 7 CFR Part 15b-Nondiscrimination on the Basis
  of Handicap in Programs and Activities Receiving
  Federal Financial Assistance.

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• Civil Rights Policy in USDA
• Regulatory and Executive Orderscontinued
• 45 CFR Part 90-Nondiscrimination on the Basis
  of Age in Programs and Activities Receiving
  Federal Financial Assistance.
• USDA DR-4330-2 Nondiscrimination in Programs
  and Activities Receiving Federal Financial
  Assistance from USDA.

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• USDA REGULATION 7 CFR 15
• Any recipient of federal financial assistance,
  regardless of the amount, is subject to Civil
  Rights reviews. Further, ...In the case in which
  a primary recipient extends Federal financial
  assistance to any other recipient, such other
  recipient shall also submit such compliance
  reports to the primary recipient as may be
  necessary to enable the primary recipient to
  carry out its obligations under the regulations
  in this part1
• 1 7 CFR Subtitle A (1-1-02 Edition) 15.5
  (b), page 364.

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• 15.3 Prohibits in Research Programs
• Discrimination in making available information
  whether published or provided through public or
  private statement, correspondence, demonstration,
  or field day.
• Discrimination in participation in any
  Cooperative Research Program or project.
• Discrimination in the use of any facility,
  including offices, laboratories, or other
  structures or research plots or fields.
• Discrimination in employment of graduate
  students to conduct research when such students
  receive substantial research training benefits as
  a result of such employment.

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• Program Compliance Reviews
• Compliance reviews are regular, systematic
  inspections designed to determine whether
  recipients of USDA financial assistance are
  complying with the provisions of Title VI of the
  Civil Rights Act and the Departments rules and
  regulations implementing the Act.

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• Program Compliance Reviews
• Compliance Reviews are the heart of the system
  of determining how well benefits and services are
  being delivered by recipients in compliance with
  Title VI.
• When properly done, compliance reviews can
  provide evidence upon which to project trends and
  make recommendations for policy changes to
  improve research programs and projects to benefit
  all farmers and customers.

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• Cooperation and Assistance
• Seek the cooperation of recipients in obtaining
  compliance with the regulations and this part and
  shall provide assistance and guidance to
  recipients to help them comply voluntarily with
  the regulations in this part.

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• USDA CSREES
• Research Compliance Reviews
• Process
• Once a research institution has been selected and
  scheduled for review, by CSREES, the head of the
  research institution is advised of the
  anticipated date for commencement of the review.
• 2. The CSREES reviews will be initiated by the
  Equal Opportunity Staff contacting the Research
  Directors/Administrators in the State to discuss
  the process, any special issues, and to establish
  the schedule and locations for the review.

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• USDA-CSREES
• Research Compliance Reviews
• Process continued
• The review will seek to gain a clear
  understanding of what the State Research
  officials are doing to ensure nondiscrimination
  in
• The operations of research activities and
  research projects
• How officials conduct educational programs for
  staff on civil rights topics and
• How officials take corrective action when
  discrimination occurs.

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• USDA-CSREES
• Research Compliance Reviews
• Process continued
• 4. Preliminary findings are presented at an
  exit conference with Research officials.

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• Cooperative State Research, Education,
• and Extension Service
• Guide for Civil Rights Review of
• Research Programs and Projects /1
• for CSREES-USDA Administrative Use Only
• __________
• /1 The review guide was developed with input,
  direction, guidance, and technical assistance
  from State land-grant universities faculty
  members and administrators, including
  representatives from ESCOP.

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• This civil rights compliance review guide is for
  the use of CSREES-USDA equal opportunity
  specialists in conducting State Research Reviews.
• Serves as the primary document to help
  Research administrators, faculty, and staff
  prepare for a civil rights review.
• Serves as an educational document that is
  necessary to assure that State recipients are
  working in compliance with equal opportunity
  policies in the implementation of Research
  programs and projects.

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• Areas for Review of Research Programs
• 1. Management Organization
  6. Civil Rights and Diversity
• 
  Training for
  Faculty and Staff
• 2. Resource Allocation
• 
  7. Internal
  Evaluation Plan of Civil
• 3. Graduate Students
  Civil Rights Activities
• 4. Employment
  8. Public Notification
• 5. Professional Development
  9. Accessibility to Research
• and Promotion
  Information and Facilities
• 
  10. Limited English
• 
  Proficiency (LEP)
  

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• Areas for Review for Research Programs
• Management Organization
• Assess the management organizational structure
  of State research programs and/or recipients of
  Federal financial assistance for research
  programs or projects. Recipients of Federal
  financial assistance should have a clear
  organizational structure for civil
  rights/diversity administration including, but
  not limited to the identification of a person
  responsible for civil rights.

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• Areas for Review for Research Programs
• Management Organization continued
• a. Organizational Structure
• 1) University
• 2) Experiment Station
• 3) Research Organization
• b. Civil Rights Structure
• c. Research Administration Structure

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• Areas for Review for Research Programs
• Resource Allocation
• Assess the extent to which resources for
  supporting research have been allocated on a
  nondiscriminatory basis.
• a. Research project selection processing.
• b. Research project selection committee. (if
  applicable)

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• Areas for Review for Research Programs
• Resource Allocation continued
• c. Start up package administration and process.
• d. Process to allocate laboratories, research
  facilities, and support staff.
• e. Mentoring efforts for faculty and staff.
• f. Process and procedure to select advisory and
  stakeholder groups.

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• Areas for Review for Research Programs
• Resource Allocation continued
• g. Interaction of administration and faculty
  with advisory and stakeholder groups.
• h. Describe efforts to involve new and more
  diverse sources of input for determining
  research needs.
• i. Coordinated Research efforts between 1862 and
  1890 land-grant institutions and/or other
  minority-serving institutions.

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• Areas for Review for Research Programs
• Graduate Students
• Graduate Students often serve an integral role
  in CSREES funded research projects. Assess
  graduate student related data and information for
  the appropriate administration of the functional
  unit receiving CSREES research funding such as
  departments, colleges, and Experimental Stations.
  Include historical trends to the extent data is
  available.

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• Areas for Review for Research Programs
• Graduate Students continued
• a. Graduate student recruitment process.
• b. Data on race, ethnicity, and gender of
  graduate students. Identify domestic and
  international graduate students.
• c. Attrition and completion rates of Ph.D.
  students.
• d. Process and procedures for scholarships and
  awards.

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• Areas for Review for Research Programs
• Graduate Students continued
• e. Describe the process for awarding graduate
  assistantships and how funds are allocated.
• f. Process to assign research projects.
• g. Efforts to advise and support graduate
  students.

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• Areas for Review for Research Programs
• Employment
• All components of the university, college,
  department, and agency are subject to equal
  employment opportunity laws prohibiting
  discrimination. Statutes pertinent to programs
  receiving Federal financial assistance also
  prohibits employment discrimination if it is a
  pattern and practice, and/or if it is having an
  adverse impact on research projects and
  operations.

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• Areas for Review for Research Programs
• Professional Development and Promotion
• Professional development enhances a persons
  qualifications for promotions and job
  opportunities. Assess the extent to which
  professional development opportunities are
  equally accessible to all faculty and staff.

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• Areas for Review for Research Programs
• Civil Rights and Diversity Training for Faculty
  and Staff
• The institution is responsible for helping
  faculty and staff to understand civil rights
  laws, rules, regulations, policies, and
  procedures, and to value diversity and inclusion
  within the organization. Assess the extent to
  which this is being accomplished and the
  relationship to diversity.

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• Areas for Review for Research Programs
• Internal Evaluation Plan of Civil Rights
  Activities
• Most institutions and organizations have
  developed an internal evaluation plan to
  delineate civil rights policies and procedures
  and to assess compliance with them.

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• Areas for Review for Research Programs
• Public Notification
• The institution and/or recipient of Federal
  funds is responsible for informing the public,
  including traditionally underrepresented and
  underserved groups, of the institutions
  responsibilities regarding civil rights. Assess
  the extent to which this is being accomplished.

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• Areas for Review for Research Programs
• Public Notification continued
• a. Informing the public of USDA, CSREES, and
  State civil rights responsibilities.
• b. Use of USDAs And Justice for All poster.
• c. Notification to internal employee groups of
  civil rights policy.

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• Areas for Review for Research Programs
• Public Notification continued
• d. Efforts to disseminate research information
  to traditionally underserved populations.
• e. Availability of research information in a
  nondiscriminatory manner.

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• Areas for Review for Research Programs
• Accessibility to Research Information and
  Facilities
• The institution is responsible for making its
  programs and facilities accessible to all
  beneficiaries and employees with disabilities.

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• Areas for Review for Research Programs
• Limited English Proficiency (LEP)
• Department of Justice regulation, recipients of
  Federal financial assistance have a
  responsibility to ensure meaningful access to
  their programs and activities by persons with
  limited English.
• Limited English Proficiency (LEP) policies and
  procedures and identify efforts to provide
  relevant research information to people with LEP.

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• Planning Development and Implementation
• Land-Grant partner
• Civil Rights
• Equal Opportunity
• Engaged University
• Audience Expansion

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• Planning and Development
• Organizational Needs
• ? The Business Case for Diversity
• ? Compliance and legal remedies
• ? Size and scope
• ? Councils and committees

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• Planning and Development
• Infrastructure
• ? Placement within organization
• HR vs. Civil Rights Unit vs. Diversity
  Unit
• ? Support
• ? Staffing
• ? Funding
• ? Leverage

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• Planning and Development
• Plans and Policies
• ? Civil Rights Plans
• ? Strategic Plans
• ? Diversity Plans
• ? Affirmative Action Plans
• ? Affirmative Employment Plans
• ? University/College/Departmental Policies

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• Implementation
• ACCOUNTABILITY FOR CIVIL RIGHTS
• ? State Plans of Work
• ? Individual Plans of Work
• ? Annual Dean Review
• ? Annual Faculty Review
• ? Performance Reviews

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• Implementation
• COMPLAINTS
• ? Review of complaint internally
• ? EEO/AA Advisors
• ? Ombudspersons
• ? Organization grievance process
• ? Outside of University
• ? USDA
• ? EEOC
• ? State Human Relations

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• Implementation
• HIRING
• ? Search Plans
• ? Search Committees
• ? Electronic Postings
• ? Relationships

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• Implementation
• SALARY ADMINISTRATION
• ? Information access to payroll
• ? Salary analysis
• ? Factors affecting salary scales
• ? Merit compensation vs. salary scales
• ? Market vs. longevity
• ? Matching salary offers
• ? Salary adjustment pools
• ? Caps on adjustments

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• Implementation
• TRAINING
• ? Need lots and lots
• ? Expensive
• ? Mandatory vs. voluntary
• ? Web page

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• Issues/Challenges
• Attitudes
• Shrinking organization
• Availability of applicants
• Low turnover
• Tenure system

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Curtiland Deville Director
Phone Number 202-720-8070 Fax Number
202-720-6954 Address USDA/CSREES/EOS
1400 Independence Ave. S.W.
Mail Stop 2296 Washington, D.C.
20250-2296
Jane B. Dunn Secretary
Nakisha Pugh EEO Specialist
Norman E. Pruitt EO Specialist
Vacancy EEO Specialist
Joyce H. Okpah EO Specialist
Richard G. Chavez EO Specialist
Cecilia Johnson EO Specialist
Lorna M. Tannahill Secretary
Nikki V. Hammond Secretary
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• CSREES Resources
• ? Cooperative State Research, Education, and
  Extension
• http//www.csrees.usda.gov/index.html
• ? Science and Education Resources Development
• http//www.csrees.usda.gov/about/offices/serd/htm
  l
• ? Equal Opportunity Staff
• http//www/csrees.usda.gov/about/offices/equalop.
  html

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• CSREES Land-Grant Partnership1/
• 130 colleges of agriculture
• 59 agricultural experiment stations
• 63 schools of forestry
• Land-grant colleges and universities include
  Tuskegee University and West Virginia State
  University (1890 land-grants)
• 27 colleges of veterinary medicine
• 42 schools and colleges of family and consumer
  sciences
• 32 Native American land-grant institutions
  (1994 land-grants)
• 17 Alaska Native-serving and Hawaiian
  Native-serving institutions
• 160 Hispanic-serving institutions
• 1/ April 2004