2019/10/09 Council Agenda Packet

City of Everett Civil Rights and Nondiscrimination Compliance o Section 303 of the Age Discrimination Act of 1975 (codified at 42 U.S.C. 6102) Statutory provision: No person in the United States shall,on the basis of age, be excluded from participation in, be denied the benefits of,or be subjected to discrimination under,any program or activity receiving Federal financial assistance. DOJ implementing regulation: Subpart I of 28 C.F.R.Part 42. "NONDISCRIMINATION PROVISIONS" The"nondiscrimination provisions"that may apply to certain DOJ awards are as set out below. It does not matter how much federal funding an organization receives—as long as an organization receives any federal financial assistance,it must comply with the nondiscrimination provisions in the law. Section 809(c)of Title I of the Omnibus Crime Control and Safe Streets Act of 1968(codified at 34 U.S.C. 10228(c);see also 34 U.S.C. 11182(b)) Statutory provision: No person in any State shall on the ground of race,color, religion, national origin,or sex be excluded from participation in, be denied the benefits of,or be subjected to discrimination under or denied employment in connection with any programs or activity funded in whole or in part with funds made available under this chapter. DOJ implementing regulation: Subpart D of 28 C.F.R. Part 42. The protected classes in the Safe Streets Act are broader than those covered in Title VI.Title VI prohibits discrimination based on race, color,and national origin.The Safe Streets Act does the same, but adds two additional protected classes:sex and religion. o Grant condition in OVW awards,as required by section 40002(b)(13)of the Violence Against Women Act of 1994(codified at 34 U.S.C. 12291(b)(13)) By law,any award administered by OVW is made subject to a grant condition that prohibits discrimination on the basis of actual or perceived race,color, national origin,sex, religion, disability, sexual orientation, and gender identity in programs or activities, both in employment and in the delivery of services or benefits in any program or activity funded, in whole or in part,with funds appropriated to OVW,or appropriated pursuant to certain'statutes that focus on violence against women. The required grant condition includes a limited exception for sex-specific programming,as well as a rule of construction to the effect that nothing in the condition diminishes other legal responsibilities and liabilities related to civil rights. For purposes of this condition,"gender identity" means actual or perceived gender-related characteristics. EQUAL EMPLOYMENT OPPORTUNITY PLAN(EEOP) The federal implementing regulations for the Safe Streets Act include a requirement that some recipients produce an Equal Employment Opportunity Plan or EEOP.An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data,as well as the recipient's employment practices,to identify possible Washington State STOP Formula Grant Program Renewal Application for FFY 2019 16 73