|
Enforcing Civil Rights Laws
<br />All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
<br />employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
<br />are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a
<br />number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
<br />equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards,
<br />Complying with the Safe Streets Act or Program Requirements
<br />In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
<br />provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant
<br />program requirements, must meet two additional nequirements:(1) complying with Federal regulations pertaining to the development of an
<br />Equal Employment Opportunity Plan (EEOP), 28 C.F.R. §42.301 -.308, and (2) submitting to OCR Findings of Discrimination (see 28
<br />C.F.R. §§ 42.205(5) or 31.202(5)).
<br />1) Meeting the EEOP Requirement
<br />In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.13, or certain Federal grant
<br />program requirements, your organization must comply with the following ESOP reporting requirements:
<br />If your organization has received an award for $500,000 or more and has 50 or more employees (counting both fail- and part -time
<br />employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
<br />date of this letter. For assistance in developing an EEOP, please consult OCR's website athttp://www.ojp.usdoj.gov/0er/eeop.htrn. You
<br />may also request technical assistance from an ESOP specialist at OCR by dialing (202) 616 -3208,
<br />If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare
<br />an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the ESOP on file and
<br />make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to
<br />OCR. The Certification Form can be found at http: // www.ojp.usdoj.gov /0crJeeop.htm.
<br />If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of
<br />the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
<br />organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and
<br />return it to OCR. The Certification Form.can be found at httpJ/ www.ojp.usdpj.gov /ocr /ceop.htm,
<br />2) Submitting Findings of Discrimination
<br />In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
<br />organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
<br />of the finding to OCR for review.
<br />Ensuring the Compliance of Subrecipients
<br />If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
<br />applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
<br />Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
<br />assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
<br />If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-
<br />0690 or visit our website at http: / /www.ojp.usdoj.gov /ocr /.
<br />Sincerely,
<br />a.
<br />Michael L. Alston
<br />Director
<br />cc: Grant Manager
<br />Financial Analyst
<br />
|