Equal opportunity 101 - PowerPoint PPT Presentation

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Equal opportunity 101

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EQUAL OPPORTUNITY 101 Jessica K. Larkin, Equal Opportunity Specialist U.S. Department of Labor Civil Rights Center Office of Compliance and Policy – PowerPoint PPT presentation

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Title: Equal opportunity 101


1
Equal opportunity 101
  • Jessica K. Larkin,
  • Equal Opportunity Specialist
  • U.S. Department of Labor
  • Civil Rights Center
  • Office of Compliance and Policy

2
Overview
  • Laws Covered
  • Workforce Investment Act, Section 188
  • Title VI of the Civil Rights Act of 1964, as
    amended
  • Title VII of the Civil Rights Act of 1964, as
    amended
  • Title IX of the Education Amendments of 1972, as
    amended
  • Age Discrimination Act of 1975, as amended
  • Section 504 of the Rehabilitation Act of 1973, as
    amended
  • Title II of the Americans with Disabilities Act
    of 1990, as amended

3
Sec. 188 of the Workforce Investment Act of 1998
No individual shall be excluded from
participation in, denied the benefits of,
subjected to discrimination under, or denied
employment in the administration of or in
connection with, any such program or activity
because of
  • Race, Color, National Origin (Title VI, Civil
    Rights Act of 1964)
  • Includes limited English proficiency
  • Religion
  • Sex (Title IX, Education Amendments of 1972)
  • Includes Pregnancy and LGBTI
  • Any Age (Age Discrimination Act of 1975)
  • Disability (Sec. 504 of the Rehabilitation Act of
    1973)
  • Political Affiliation or Belief
  • WIA Participant Status

4
Sec. 188 of the Workforce Investment Act of 1998
  • WIA Provisions Apply to
  • Programs and activities that are part of the
    One-Stop delivery system
  • partners listed in section to the extent that the
    programs and activities are being conducted as
    part of the One-Stop delivery system and
  • The employment practices of a recipient and/or
    One-Stop partner
  •  

5
Title VI of the Civil Rights Act of 1964
  • 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 subjected to discrimination
    under any program or activity receiving federal
    financial assistance.

6
Title VI of the Civil Rights Act of 1964 cont.
  • What is a recipient?
  • Recipient Primary and Subrecipients
  • The Larkin Construction Training Program receives
    funds from an American Job Center to provide
    training for its participants. Larkin
    Construction Training Program is a subrecipient
    and is subject to Title VI rules and regulations.
  • The recipient is the entire program or activity,
    if any part of that agency or institution
    receives Federal financial assistance. (The Civil
    Rights Restoration Act of 1987)
  • The Larkin Construction Training Program receives
    federal financial assistance from DOL. The Larkin
    Construction Training program also has a nursing
    program. Is the nursing program also subject to
    Title VI rules and regulations?

7
Title VI of the Civil Rights Act of 1964 cont.
  • The three protected classes of Title VI
  • Race
  • Persons of any race are protected
  • Color
  • Pigmentation, completion, shade, or tone
  • National Origin
  • Country of origin, ethnicity, accent (real or
    perceived)

8
Title VI of the Civil Rights Act of 1964 cont.
  • National Origin - Limited English proficiency
    (LEP)
  • LEP individuals must be provided meaningful
    access to recipient programs.
  • LEP Resources
  • LEP.gov
  • CRC Guidance on LEP http//www.dol.gov/oasam/regs/
    fedreg/notices/2003013125.pdf
  • CRC Website External Enforcement, Training
    Compliance Assistance Tools LEP toolkit
    http//www.dol.gov/oasam/programs/crc/lepcnt.htm
  • Title VI Resource
  • U.S. Department of Justice Title VI Legal Manual
    http//www.justice.gov/crt/about/cor/coord/vimanu
    al.php

9
Title VII of the Civil Rights Act of 1964
  • Title VII prohibits employers and employment
    agencies from discrimination based on race,
    color, religion, sex, or national origin.
  • Employment agency any person regularly
    undertaking with or without compensation to
    procure employees for an employer or to procure
    for employees opportunities to work for an
    employer and includes agents of such person.
  • As an employment agency, prohibited from
  • print, publish, or cause to be printed and
    discriminatory job announcement
  • Refusing to refer an individual for employment
    based on a protected class
  • Learn More at EEOC http//www.eeoc.gov/laws/

10
Title IX of the Education Amendments of 1972
  • No person in the United states shall, on the
    basis of sex, be excluded from participation in,
    denied the benefits of, or subjected to
    discrimination under any education program or
    activity receiving federal financial assistance.

11
Title IX of the Education Amendments of 1972
cont.
  • What is covered under Sex?
  • Gender Male or Female
  • Pregnancy
  • Pregnancy Webinar (http//www.dol.gov/oasam/progra
    ms/crc/TitleIX_webinar_03-11-14.ppt)
  • Marital or Parental Status
  • Sexual Orientation LGBTI
  • LGBTI Lesbian, Gay, Bisexual, Transgendered,
    Intersex
  • Learn More at DOJ Title IX Webpage
    (http//www.justice.gov/crt/about/cor/coord/titlei
    x.php)

12
Age Discrimination Act of 1975
  • No person in the United States shall, on the
    basis of age, be excluded from participation, in
    be denied the benefits of, or be subjected to
    discrimination under, any program or activity
    receiving federal financial assistance.

Age all ages (old or young)
13
Disability Laws
  • Section 504 of the Rehabilitation Act of 1973
  • Prohibits discrimination based on disability for
    entities receiving federal financial assistance
  • Title II of the Americans with Disabilities Act
    of 1990, as amended
  • Prohibits discrimination based on disability by
    State and local government entities

14
Section 504 of the Rehabilitation Act of 1973
  • No individual with a disabilityshall, solely by
    reason of his or her disability, be excluded from
    participation in, be denied the benefits of, or
    be subjected to discrimination under any program
    or activity receiving federal financial
    assistance

15
Title II of the Americans with Disabilities Act
of 1990, as amended (ADA)
  • Subject to the provisions of this title, no
    individual shall, by reason of such disability,
    be excluded from participation in or denied the
    benefits of the services, programs, or activities
    of a public entity, or be subjected to
    discrimination by an such entity.

16
Section 504 Title II of ADA
  • Who is covered?
  • Individuals with a disability, and
  • Definition of Disability Physical or mental
    impairment that substantially limits one or more
    major life activities
  • Individual that is Qualified.
  • Meets essential eligibility requirements, and
  • Can perform essential function with or without
    reasonable accommodation

17
Disability Laws cont.
  • Americans with Disabilities Act Amendments Act of
    2008 ("ADA Amendments Act" or "Act")
  • broadens coverage to the definition of the term
    disability for both ADA Section 504
  • makes it easier for an individual to establish
    that he or she has a disability

18
Disability Resources
  • ADA.gov - Title II Technical Assistance Manual
  • http//www.ada.gov/taman2.html
  • Disability.gov
  • information on disability programs and services
    nationwide
  • U.S. Department of Justice A Guide to
    Disability Rights - http//www.ada.gov/cguide.htm
  • CRC Compliance Assistance Tools
  • http//www.dol.gov/oasam/programs/crc/external-com
    pliance-assistance.htm

19
What does discrimination look like?
  • Disparate Treatment
  • Disparate Impact
  • Harassment
  • Retaliation

20
Disparate Impact Treatment
  • Disparate Treatment An intentional decision to
    treat individuals differently based on a
    protected class.
  • Disparate Impact A facially neutral policy or
    practice that has a disproportionate "adverse
    impact" on members of a protected group.
  • ETA /CRC Criminal Record Restrictions and
    Disparate Impact Based on Race and National
    Origin TEGL http//wdr.doleta.gov/directives/cor
    r_doc.cfm?DOCN9230

21
Harassment
  • Definition Unwelcomed verbal or physical conduct
    based on a protected class
  • Severe and pervasive
  • Condition of employment, benefit, service, or
    participation
  • Types of Harassment
  • Hostile Environment
  • Quid Pro Quo

22
Retaliation
  • Definition Retaliation occurs when a recipient
    takes an
  • adverse action
  • against a covered individual
  • because he or she engaged in a protected activity

23
Helpful Tips
  • Put an Equal Opportunity Officer in place
  • Know the law and educate others
  • Develop EO policies and procedures
  • Monitor policies and procedures to ensure
    compliance
  • Ensure Customers know they can file a complaint
    with EO Officer and CRC
  • Contact the Civil Rights Center for compliance
    assistance

24
  • Questions
  • and
  • Answers

25
Presenter Contact Information
  • If you need any additional information, or your
    question was not addressed, please feel free to
    contact Jessica K. Larkin at larkin.jessica.k_at_dol.
    gov.
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