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ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND IS NOT & WHAT YOU SHOULD KNOW AND CAN DO ABOUT IT!

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Page 1: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

ALL STAFF MEETINGFEBRUARY 17, 2010

MADISON, WISCONSIN LABOR EDUCATION & TRAINING

CENTER (LETC)William A. “Bill” Franks, Jr.

WHAT DISCRIMINATION IS AND IS NOT & WHAT YOU SHOULD KNOW AND CAN DO ABOUT IT!

Page 2: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Training Objectives

• Define “Illegal” Discrimination.• Identify prohibited practices applicable to

Financial Assistance Programs.• Provide a brief Overview of Civil Rights Laws.• Meaningful Access(ibility) – What’s That All

About?• Language Access - What’s Required!• Complaint Procedures!

Page 3: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

HANDOUTS

• 1. Meaningful Access(ibility)• 2. The Civil Rights Era: The Fight for Equality Forges

On, Past, Present, and Future, Honorable Bernice B. Donald (2008)

• 3. Safe Harbor• 4. United States Supreme Court Disparate Impact Cases• 5. Equal Opportunity Is The Law Poster• 6. Pre-test• 7. Post-test Responses

Page 4: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

What is a Civil Right?

A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury

Examples of civil rights:Freedom of speech, press, assemblyRight to voteFreedom from involuntary servitude (human

trafficking)Right to equality in public places

Charles Hamilton Houston

“Charles Hamilton Houston is the Moses of the journey that led to Brown and beyond.” Thurgood Marshall

Page 5: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Overview of Civil Rights Acts from 1866 - 1991

• 1866 - 39th Congress Overrides Johnson’s Veto• 1871 - “Ku Klux Klan Act” - 42 U.S.C. Sections 1983 &

1988 • 1875 - Addressed Discrimination in Public Facilities• 1957- Created the Justice Dept. & the Civil Rights

Commission• 1960 - Expanded voting rights protections & recorded

votes in federal elections• 1964 - Ten Titles – we’ll focus on Title VI & mention Title

VII• 1968 - “Fair Housing Act”• 1991 – Affecting Employment Rights

Page 6: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Discrimination

When the civil rights of an individual are denied or interfered with because of their membership in a particular group or class:RaceSexReligionAgePrevious condition of servitude Physical limitationNational origin or sexual preference

Rosa Parks

Page 7: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Title VI of the Civil Rights Act of 1964

...prohibits discrimination on the basis of “race, color, or national origin.... Under any program

or activity receiving federal assistance”42 U.S.C.: 2000d

Thurgood Marshall Supreme Court JusticeThurgood Marshall

Page 8: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Purpose of Title VITo ensure public

funds are not spent in a way that encourages, subsidizes, or results in racial discrimination

Title VI bars intentional discrimination

President Lyndon B. Johnson signingthe Civil Rights Act on July 2, 1964

Page 9: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Title VI

Authorizes and directs federal agencies to enact “rules, regulations, or orders of general applicability” to achieve the statute’s objectives 42 U.S.C. 2000d.

Federal agency regulations prohibit:“Using criteria or methods of

administration that have the effect of discriminating against protected groups based on race, color or national origin.”

Page 10: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Intentional Discriminationand Disparate Treatment

A claim which alleges that similarly situated persons are treated differently because of their:RaceColor orNational origin

Retaliation is always investigated using the intent theory

Martin Luther King Jr., Dr Spock and Reverend Rice

Page 11: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Unintentional Discrimination and Disparate Impact

Neutral policies or practices which disproportionately exclude or adversely affect protected classes;

Limited English Proficiency (LEP) complaints are generally investigated using this legal theory.

Investigations focus on the consequences and do not require proof of discriminatory intent.

Mention the U.S. Supreme Court Disparate Impact Cases Handout.

Page 12: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

U.S. Supreme Court

…has held that such regulations may prohibit practices having a disparate impact on

protected groups, whether or not the action or practices are intentionally discriminatory.

Page 13: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Meaningful Accessibility

Equal opportunity and Physical accessibility to all:Programs, services and activitiesEnsuring effective, accurate, and meaningful

communication orally and written formSign language interpreters

ADA accommodations applicable to the public and private section- Title II, Section 504, 503 of the Rehabilitation Act of 1973

Page 14: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

National Origin Discrimination

Services in Languages Other Than EnglishTitle VI bars utilization of criteria and methods of

administration that have: “the effect of defeating or substantially

impairing accomplishment of program objectives with respect to individuals of a particular race, color or national origin.”

Universal regulatory language incorporates a disparate impact standard into Title VI.

Page 15: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Four Factor Analysis

• 1.Number of LEP persons eligible or “likely to be served”• 2.Frequency of “contact” of LEP persons• 3.Nature and importance of the program, service or

activity• 4.Resources available, including costs.

Page 16: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Complaint Process

Two kinds of complaints:

PROGRAM DISCRIMINATION

Page 17: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Complaints

Resolving Them

Page 18: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Complaints

Applicants and participants must be given accurate and complete information on the complaint process for program and discrimination complaints. Complainants must be provided assistance in filing their complaints. Information must be posted prominently and in the languages of “major LEP groups”.

Page 19: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Complaints

Program complaints involve claims that folks operating the

program failed to observe the program’s

rules and procedures

Page 20: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Complaints

Discrimination may be examined from two perspectives:

DISPARATE TREATMENT DISPARATE IMPACT

Page 21: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Complaints

Disparate treatment discrimination claims assert that applicants and participants are treated differently for no other reason than race, sex, National Origin, disability or status as a participant.

Page 22: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Complaints

USDOL - allows no local processing of discrimination complaints. Must be filed at the State or Federal level, at the option of the complainant

DHHS - discrimination complaint procedures allow local processing of complaints

USDA - discrimination complaint procedures allow state or federal level processing of complaints

Page 23: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Complaints

Where can Complaints be filed in Wisconsin?

DWD Division of Employment and Training Equal Opportunity Officer or Equal Rights Division

DCF Equal Opportunity Officer

DHS Office of Affirmative Action and Civil Rights Compliance

Page 24: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Complaints

U.S. Department of Labor - Civil Rights Center

200 Constitution Avenue NW, Room N-4123 Washington, D.C. 20210

Page 25: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Complaints - Federal

U.S. Department of Health and Human Services - Office of Civil Rights - Region V, Chicago. IL.

U.S. Department of Justice - Civil Rights Division - Washington, D.C.

Food and Consumer Services - Civil Rights Program - U.S. Department of Agriculture - Chicago, IL.

Page 26: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Contacts

William Franks, Equal Opportunity OfficerDWD-Division of Employment & Training(608) [email protected] Earnestine Moss, Equal Opportunity OfficerDCF-Division of Enterprise Solutions(608) [email protected] David Duran, Civil Rights Compliance Officer DHS–Office of Affirmation Action & Civil Rights Compliance(608) [email protected]

Page 27: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Department of Workforce DevelopmentDivision of Employment and Training

Bureau of Program Management and Special PopulationsCivil Rights Unit

201 E. Washington Ave, Room G100P.O. Box 7972

Madison, WI 53707-7972TTY: (608) 275-1165 (Toll Free)

Ph. (608) 266-6889

Page 28: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

Thank you

for your Attention and Participation

Page 29: ALL STAFF MEETING FEBRUARY 17, 2010 MADISON, WISCONSIN LABOR EDUCATION & TRAINING CENTER (LETC) William A. “Bill” Franks, Jr. WHAT DISCRIMINATION IS AND

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