Civil Rights Requirements - A. Title VI of the Civil
Rights Act of 1964, 42 U.S.C. 2000d et seq. ("Title VI")
Title VI prohibits discrimination on the basis of race, color, or national
origin in any program or activity that receives Federal funds or other Federal
financial assistance. Programs that receive Federal funds cannot distinguish
among individuals on the basis of race, color or national origin, either
directly or indirectly, in the types, quantity, quality or timeliness of
program services, aids or benefits that they provide or the manner in which
they provide them. This prohibition applies to intentional discrimination as
well as to procedures, criteria or methods of administration that appear
neutral but have a discriminatory effect on individuals because of their race,
color, or national origin. Policies and practices that have such an effect must
be eliminated unless a recipient can show that they were necessary to achieve a
legitimate nondiscriminatory objective. Even if there is such a reason the
practice cannot continue if there are alternatives that would achieve the same
objectives but that would exclude fewer minorities. Persons with limited
English proficiency must be afforded a meaningful opportunity to participate in
programs that receive Federal funds. Policies and practices may not deny or
have the effect of denying persons with limited English proficiency equal
access to Federally-funded programs for which such persons qualify.
Set forth below are examples of conduct that may violate Title VI:
- A welfare benefit provider restricts training and/or work assignments
based on its clients' race or national origin by assigning minority clients to
jobs that pay less or have fewer opportunities for permanent employment than
work assignments given to nonminority clients.
- A predominantly minority community is provided lower benefits, fewer
services, or is subject to harsher rules than a predominantly nonminority
community.
- A local welfare office makes assumptions regarding a person's citizenship,
immigration status and eligibility for benefits, based on the person's surname,
accent or ability to speak English, and asks only those persons who look or
sound foreign about their citizenship and immigration status.
- In determining eligibility of Asian applicants for TANF benefits, a local
agency requires substantially more and different documentary proof of
citizenship and immigration status than it does in determining the eligibility
of non-Asians.
- A local welfare office located in a neighborhood with a number of
immigrant groups provides no language assistance to TANF applicants or
participants who are limited English proficient (LEP), but advises them to
bring friends or relatives, as interpreters, to their appointments.
- A training program charges an LEP class member for interpreter services
that are needed for the class member to benefit from the training program.
- A local welfare office which regularly serves LEP persons only makes
interpreters available for persons applying for benefits three hours a week.
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Date of last revision: March 3, 2006
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