TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

Introduction This training is being conducted to educate you and assist you in operating an organization that is non-discriminatory, meets the federal non-discrimination requirements of your contracts, and reduces the potential of discrimination complaints, resulting in federal and/or state investigations.

Title VI of the Civil Rights Act of 1964 ensures 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 benefit of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

KEY TERMS OF TITLE VI Beneficiary – person or entity that directly or indirectly receives advantages from a federally funded program. Recipient – receives federal financial assistance and/or operates a program or activity and is subject to Title VI of the Civil Rights Act of 1964. (state agency, municipalities, educational institutions, private organizations) Sub-recipients – receives federal assistance from primary recipient to carry out program or activity. (contractors, subcontractors). Financial Assistance – (grants, loans, sale or lease of property, technical assistance, tax incentives, donations).

What programs are covered by Title VI? elementary, secondary and higher education health care, social services, and public welfare public transportation parks and recreation natural resources and the environment housing and community development law enforcement and administration of justice agriculture and nutrition

What is not covered by Title VI? federally funded contracts of insurance and guaranty. employment - except where employment practices result in discrimination against program beneficiaries or where the purpose of federal assistance is to provide employment. discrimination based on age, sex, and geographical locale or wealth.

Federal Law Title VI is codified at 42 USC § 2000d, et seq Proactive steps must be taken to assure that discrimination of the basis of race, color or national origin does not occur.

TN Law – Tenn. Code Ann. § 4-21-904 May 31, 1993 It is a discriminatory practice for any state agency receiving federal funds making it subject to Title VI of the Civil Rights Act of 1964, or for any person receiving such federal funds from a state agency, to exclude a person from participation in, deny benefits to a person, or to subject a person to discrimination under any program or activity receiving such funds, on the basis of race, color, or national origin.

Tennessee Title VI Commission Executive Order 34 Issued August 9, 2002 Thirteen member commission to review current Title VI monitoring and enforcement procedures as reflected by federal and state laws

Distribution of Title VI Information Employees General public Contractors and subcontractors Methods – brochures, website, posters, etc.

Limited English Proficiency (LEP) Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English can be limited English proficient, or "LEP." These individuals may be entitled language assistance with respect to a particular type or service, benefit, or encounter.   Federal laws particularly applicable to language access include Title VI of the Civil Rights Act of 1964.

Effective Language Assistance has four elements Assess Language Needs Develop and implement written policies for language access Train Staff Monitor LEP plan

How Do you Comply - Options Provide Language assistance at no cost Hiring Bilingual Staff for client contact positions Hiring Staff interpreters Contracting for interpreter services Engaging community volunteers Contracting with a telephone interpreter service (State of Tennessee)

TDEC’s Interpreter Service for LEP Open Communications International 630 Fogg St Nashville, TN 37203 Contact Phone: (615)321-5858

Title VI Complaint Process Complaints must be written and signed and be filed within 180 calendar days of the discriminatory act. Complaint should include: · Your name, address, and telephone number. If filing on behalf of another person, include your name, address, telephone number, and your relation to that person (e.g., friend, attorney, parent, etc.) · Name and address of the agency, institution, or department you believe discriminated against you.  

Title VI Complaint Process (continued) How, why, and when you believe you were discriminated against, including as much background information as possible about the alleged acts of discrimination, including names of offending parties if known. Names of any persons that the investigating agency could contact for additional information to support or clarify your allegations.

Title VI Complaint Process (continued) Complaints should be forwarded to: MC Holland, TDEC Title VI Complaint Officer L&C Tower 401 Church Street, 6th floor Nashville, TN 37243 615-532-0153

Title VI Noncompliance Penalties Witholding of payments to the recipient under the contract until recipient compliance, and or Cancellation, termination or suspension of the contract, in whole or in part.

Questions? Costin D. Shamble Tennessee Department of Environment and Conservation Environmental Justice/Title VI Coordinator 401 Church Street L&C Tower, 8th Floor Nashville, TN 34243 (615) 253-8337 costin.d.shamble@state.tn.us