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Title VI 208 Courthouse 625 Georgia Avenue Chattanooga, TN 37402 423-209-6180 FAX 423-209-6181
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What is Title VI?
Title VI of the 1964 Civil Rights Act says, ”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.” 42
U.S.C.§2000d
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What is Federal Financial Assistance?
Federal financial assistance means more than just money. It is also aid that enhances
the ability to improve or expand allocation of a recipient’s own resources. Examples:
- Student aid (releases recipient’s funds for other uses)
- Training of employees (permits better use of the employer)
- Grants and Loans, tax-exempt bonds
- Property Loan of Personnel
- Tax incentives and tax-exempt status
- Technical assistance, etc.
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What does Title VI do?
- Prohibits entities from denying an individual any service, financial aid, or other
benefit because of race, color or national origin
- Prohibits entities from providing a different service or benefit, or providing these
in a different manner from those provided to others under the program.
- Prohibits segregation or separate treatment in any manner related to receiving program
services or benefits.
- Prohibits entities from requiring different standards or conditions as prerequisites
for serving individuals.
- Encourages the participation of minorities as members of planning or advisory bodies
for programs receiving federal funds.
- Prohibits discriminatory activity in a facility built in whole or part with Federal
funds.
- Requires information and services to be provided in languages other than English
when significant numbers of beneficiaries are of limited English speaking ability.
- Requires entities to notify the respective population about applicable programs.
- Prohibits locating facilities in any way that would limit or impede access to a
Federally funded service or benefit.
- Requires assurance of nondiscrimination in purchasing of services.
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What Title VI does not do?
- Does not apply to Federal assistance provided through insurance or guaranty contracts,
(e.g. FHA loan insurance).
- Does not apply to employment, except where employment practices results in discrimination
against program beneficiaries or where the purpose of the Federal assistance is
to provide employment.
- Does not provide relief for discrimination based on age, sex, geographical locale,
or wealth.
- Does not apply to direct benefit programs such as Social Security.
- Does not apply only to contracts and set-aside programs.
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What “Programs or Activities” are covered by Title VI?
To ensure the broad, institution wide application of Title VI and other civil rights
statutes Congress passed The Civil Rights Restoration Act of 1987. This act clarifies
the definition of “programs and activities” covered by the nondiscrimination provisions
of civil rights statutes. The revised definition states that discrimination is prohibited
throughout an entire agency or institution, if any part of that agency or institution
receives Federal financial assistance.
Examples:
(1)(A) a department, agency, special purpose district, or other instrumentality
of a State or local government; or (B) the entity of such State or local government
that distributes such assistance and each such department or agency (and each other
state or local government entity) to which the assistance is extended, in the case
of assistance to a state or local government;
(2)(A) a college, university, or other postsecondary institution, or a public system
of education; or system of vocational education, or other school system.
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Title VI applies to discrimination throughout an agency, not just to actions
involving the federally assisted program. Therefore, if an agency receives any federal
financial assistance for any program or activity the entire agency is required to
comply with Title VI, not just that particular program. Example: The Harriet Tubman
Express program receives money from HUD, the agency /division that Harriet Tubman
Express programs are under ( Health Services) must also be in compliance with Title
VI rules and regulations.
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How does Title VI apply to Public Policy?
Title VI is a mechanism that directs the federal financial assistance, which drives
or promotes economic development. By legislative mandate, Title VI examines the
following public policy issues:
- Accessibility for all persons
- Accountability in public funds expenditures
- Disparate impact
- Economic empowerment
- Environmental justice
- Infrastructure development
- Minority participation in decision making
- Program service delivery
- Public-Private partnerships in part or whole with public funds
- Site and location of facilities
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Who must comply ?
- State and Local Government: Agency distributing federal assistance or entity distributing
federal assistance to the state or local government entity.
- Higher education: college, university, or other post-secondary institution.
- Local education agency or system of vocational education, or other school system
- An entire corporation, partnership, or other private organization, or an entire
sole proprietorship
- The entire plant or private corporation or other organization which is a geographically
separate facility to which federal financial assistance is extended.
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How Hamilton County will comply with Title VI |
Print the complaint form on your printer to mail in |
Civil Rights statutes prohibiting discrimination |
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