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Civil Rights

Civil Rights compliance is the process of ensuring that recipients of Federal financial assistance from OJP and its components are not engaged in prohibited discrimination. The primary objective in accomplishing this mission is to secure prompt and full compliance with all civil rights laws and regulations so that needed Federal assistance may commence or continue. Civil Rights actions include discrimination of persons or organizations on the basis of race, color, national origin, religion, sex, disability or age.

Additional information regarding the laws that apply to discrimination may be found on the Office of Justice Programs's website, www.ojp.usdoj.gov/about/offices/ocr.htm.

Non-Discrimination Requirements

Sub-Recipients of federal funding from the NH Department of Justice are required to comply with all federal regulations that relate to non-discrimination. These requirements are specified in United States Code of Federal Regulation Title 28, sections 35, 38, 42 and 54.

Individuals who believe they may have been discriminated against, based on their race, color, national origin, religion, sex, disability or age, in the NH Department of Justice grant making process or by an organization that receives pass through federal funding from the NH Department of Justice should print and complete a Discrimination Complaint Form and mail it to the address listed below. Complaints must be submitted no later than 180 days (or in some cases one year) from when the alleged discrimination took place.

Print, complete and return this form to:
Attn: Tim Brackett
NH Department of Justice
33 Capitol Street
Concord, NH 03301

Sub-grant requirements

The following section will provide a summary of the significant federal non-discrimination requirements that must be met in order to receive federal funds through the NH Department of Justice.

  • Have in place a process for accepting discrimination based complaints from employees and the public and forwarding them to the NH Department of Justice and the Office for Civil Rights.
    • Develop a written policy that addresses:
      • how members of the public may file a compliant;
      • how the agency investigates that complaint;
      • how the agency ensures impartiality while investigating the complaint;
      • who is responsible for making findings;
      • what the legal standards and timetables are for issuing findings;
      • what duty the agency has to keep the complainant informed at each stage of the complaint process; and
      • what the agencies obligations are when the complaint investigation shows that remedial actions are warranted.
    • Designate an individual responsible for the collection, coordination and forwarding of civil rights complaints to the NH DOJ and the US DOJ Office for Civil Rights.
    • Report to the NH DOJ and the US DOJ OCR on any instances where a Federal or State Court or State Administrative Agency has issued a finding of discrimination against the subgrantee after a due process hearing on the grounds of race, color, national origin, age, sex, religion or disability.
  • Limited English Proficiency (LEP)
    • If services are provided by this program are they:
      • Available to those with limited English proficiency?
      • Is there a mechanism for obtaining translation services?
      • Do agency personnel know how to access it?
      • Are written policies in place?
      • Is there information posted in your facility that will help non-English speaking persons access translation services in order to obtain your services?
    • If an agency that receives grant funds through this office provides services to the public, it must satisfy the previous requirements.
      • This may include:
        • Dedicated telephone translation services;
        • Partnerships with qualified local individuals fluent in specific languages, to include sign language;
        • Posters and translation cards explaining how to obtain translation services from the federally funded program;
        • Additional resources may be found on the Limited English Proficiency website, http://www.lep.gov/.
  • Discrimination on the basis of handicap is prohibited and is monitored and addressed as follows:
    • Subgrantees employing fifty or more persons and receiving federal financial assistance of $25,000 or more shall:
      • Designate at least on person to coordinate compliance with this section;
      • Adopt a grievance procedure that incorporates due process standards and provides for prompt and equitable resolutions of complaints from applicants for employment;
      • Notify participants, beneficiaries, applicants, employees and unions or professional organizations holding collective bargaining or professional agreements with the recipient that it does not discriminate on the basis of handicap.
        • The notification shall state that the recipient does not discriminate in its programs or activities with respect to access, treatment or employment.
        • The recipient shall make notification through the posting of notices, publication in newspapers and magazines, placement of notices in recipients' publications, distribution of memoranda and other written communications.
        • Recruitment materials or publications containing general information that a recipient makes available to participants, beneficiaries, applicants, or employees shall include a policy statement of nondiscrimination on the basis of handicap.
    • This section addresses the implementation of section 504 of the Rehabilitation Act of 1973.
  • Discrimination on the basis of sex in educational programs and institutions
    • Educational institutions that receive federal funding are prohibited from discrimination on the basis of sex in admission and recruitment and in programs and activities.
    • Educational institutions shall designate an employee responsible for the coordination of its efforts to comply with and carry out its responsibilities under this section, to include:
      • Investigation of any complaint communicated to such recipient alleging its noncompliance with these regulations
      • The recipient shall notify all its students and employees of the name, office address and telephone number of the employee so designated to coordinate these efforts
      • The recipient shall adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints
      • Notification may be effected through the use of:
        • newspapers and magazines operated by the recipient;
        • student, alumnae or alumni groups;
        • memoranda or other written communication, distributed to every student and employee.
    • The requirements of this section do not apply to:
      • Educational institutions or other entities that are controlled by a religious organization;
      • The military or merchant marine;
      • Social fraternities, sororities, the YMCA, YWCA, Girl Scouts, Boy Scouts and Campfire Girls;
      • Other exemptions as outlined in 28 CFR part 54.
  • Executive Order 13279 and Equal Treatment for Faith Based Organizations (28 CFR part 38)
    • Religious organizations are eligible, on the same basis as any other organization, to participate in any federal funding program for which they are otherwise eligible.
      • Organizations that receive federal financial assistance may not engage in inherently religious activities, such as worship, religious instruction or proselytization, as part of the program or services funded.
        • If inherently religious services are conducted, those activities must be conducted separately and participated in voluntarily.
        • The facility need not clear the program space of religious art, icons, scriptures or other religious symbols when conducting the federally funded program or service.
        • Religious organizations that receive federal funding for programs or services retain their internal governance, may retain religious terms in their organization, may select board members on religious basis and may include religious references in their organizations' mission statements and other governing documents.
        • Religious organizations providing federal funded programs and services may not discriminate based on religion or religious belief in the provision of those services to clients or potential clients or beneficiaries.
        • If the client or beneficiary objects to the religious character of the federally funded program, client may request an alternative provider for the service. The funded organization providing the service must provide a timely referral to another provider, and must inform NH DOJ of the request and referral.

Equal Employment Opportunity Plan (EEOP) Requirements

The purpose of an Equal Employment Opportunity Plan (EEOP) is to insure full and equal participation of men and women regardless of race or national origin in the workforce of the recipient agency. A recipient agency is defined as any State or local unit of government or agency thereof, and any private entity, institution, or organization, to which Office of Justice Programs (OJP) financial assistance is extended directly or through such government or private entity. Recipient agencies that meet all of the following criteria are required to maintain an EEOP on file for review by OJP, if requested (see 28 C.F.R. §42.301 et seq.):

Reporting Requirements

(i) have 50 or more employees; and
(ii) received a total of $25,000 or more in grants or subgrants; and
(iii) have 3 percent or more minorities in service population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only).

Grantees that meet criteria (i) and (iii), and that receive over $500,000 are required to submit an EEOP within 30 days of receipt of their grant funding for review to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th St., N.W., Washington, DC 20531. Instructions for how to prepare an EEOP can be found at OCR's website at: http://www.ojp.usdoj.gov/about/ocr/eeop_comply.htm. See chart below under "Civil Rights Requirements of Recipients" for types of entities that are exempt from these requirements and a description of factors affecting requirements to either maintain an EEOP on file or submit an EEOP to OCR.

An EEOP is a comprehensive document that analyzes the agency's workforce in comparison to its relevant labor market data and all agency employment practices to determine their impact on the basis of race, sex, or national origin. The EEOP includes a written analysis that:

  • provides a statistical profile of the internal workforce by race, sex and national origin;
  • identifies problems in employment practices and procedures;
  • specifies corrective action;
  • forms the basis of ongoing evaluation.

Civil Rights Requirements of Recipients

Important: All recipients, regardless of the type of entity or the amount awarded, are subject to the prohibitions against discrimination in any program or activity and may be required by OCR, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices comply with equal employment opportunity requirements. 28 CFR §42.207 AND §42.301 et seq.

Regulatory Definition: Recipient means any state or local unit of government or agency thereof, and any private entity, institution or organization to which Federal financial assistance is extended directly or through such government or agency (i.e., subgrantee or contractor of the recipient agency)...28 CFR § 42.202(n).

Recipients who must submit a Certification Form to OCR and NH DOJ can find the Certification Form on the Office of Justice Programs's website at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf.

Recipient Must Submit to OCR

Type of Entity
Assurances
Court Findings of Discrimination
EEOP Requirements
I. Educational/Medical Non-profit Institutions/Indian Tribes Yes Yes Certification Form
II. All other recipients receiving more than $25,000 but less than $500,000 Yes Yes Maintain EEOP on file and submit Certification Form
III. For-profit entities and State and Local Gov't recipients receiving $500,000 or more Yes Yes Submit EEOP

 

Recipient Factors
EEOP Requirements
Less than 50 employees Certification to OCR; not required to maintain EEOP
Less than 3% minority population Required to maintain EEOP as relates to women
Receives less than $25,000 Certification to OCR; not required to maintain EEOP

Receives more than $25,000 but less than $500,000 (excluding Type I entity)
Receives $500,000 or more (only Type III entity)

Certification to OCR; must maintain an EEOP on file for possible OCR audit
Must submit EEOP to OCR for approval

This information was provided by the Office of Justice Programs, Office for Civil Rights. For more information please contact the NH Department of Justice, Grants Management Unit or the Office for Civil Rights.


New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658