Civil Rights Programs
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Federally Assisted Programs
What is Federal Financial Assistance?
The definition of federal financial assistance includes more than money. It includes the provision of valuable services, detail of federal personnel, donation of federal property and interests in property, sale and lease of and permission to use federal property at little or no cost and any other federal agreement, arrangement or other contract, which has as one of its purposes the provision of assistance. The duration of Title VI obligation is as long as the land or property is being used for the original or similar purpose for the assistance was intended.
What Is Covered?
Title VI, Section 504, the Age Discrimination Act, and Title IX apply to programs and/or activities that received Federal financial assistance. The term is defined by statute to mean all of the operations of:
a. A corporation, partnership or private organization receiving assistance. If assistance is extended to such entity as a whole, the entire corporation, partnership or private organization is subject to compliance with Title VI.
b. A department, agency, special purpose district or other instrumentality of a State of local government receiving assistance.
c. The entity of a State or local government that distributed assistance and each department and agency to which assistance is extended.
d. A college, university or other post-secondary institution or public system of high education receiving assistance.
e. An education agency receiving assistance.
What Is Discrimination?
In general, discrimination concerns a difference in treatment or impact of a policy with respect to a protected classification of individuals.
What Will the Department of the Treasury Do To Ensure Nondiscrimination?
The Department of the Treasury will conduct investigations of civil rights complaints filed against recipients of financial assistance under any of its programs, and will conduct pre and post award compliance reviews. If discrimination is found, the Department of the Treasury can defer action on an application for federal financial assistance, issue a cautionary letter, or as an ultimate consequence deny funding. Independently of any possible actions to be taken by the Department of the Treasury, courts have interpreted that Title VI provides a private right of action.
Requirement to Provide Services to Limited English Proficient Beneficiaries
As a protection against national origin discrimination Title VI of the Civil Rights Act requires recipients of federal financial assistance to provide language services to limited English proficient beneficiaries to allow these groups to meaningful participate in the program or activity.
Information for Recipient’s of Treasury’s Financial Assistance
As a recipient of federal financial assistance you are prohibited to discriminate against program participants because of their race, color, national origin, disability, and age. If the financial assistance received is to conduct an educational program, you are also prohibited from discriminating against program participants because of their sex. The applicable civil rights laws require recipients of federal financial assistance to take measures to ensure compliance with their nondiscrimination provisions, such as signing a Nondiscrimination Assurance Agreement, and notifying the public of the nondiscrimination protections.
Last Updated:
September 13, 2007
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