Your Civil And Equal Opportunity Rights and Responsibilities As An AmeriCorps*VISTA Member

AmeriCorps* VISTA Member Rights You have an absolute right not to be subjected to discrimination or harassment by the Corporation or any Sponsor Organization

AmeriCorps* VISTA Member Obligations You also have an absolute obligation to make sure your actions do not subject anyone else to discrimination or harassment This obligation extends to: -- clients you serve -- colleagues, whether they are other AmeriCorps participants or employees -- other beneficiaries of the program

You are not federal employees (except for some limited purposes) You are not employees of your program, project, or site (for any purpose) VISTAs are beneficiaries of federal financial assistance for civil rights purposes, and this gives you these non- discrimination protections and obligations

You are protected from discrimination or harassment based on — AgeRace Color Religion Disability Sex ReprisalNational Origin Political Affiliation Marital/Parental Status Military Service Sexual Orientation Religious, Community or Social Affiliations

Illegal Discrimination  Different treatment, coupled with only a difference in race or sex or national origin, is NOT illegal discrimination  Illegal discrimination must be treatment that is different because of a difference in race or sex or national origin, etc.

How to Determine Discrimination? wDirect evidence wDifferent treatment before/after wDifferent treatment towards“similarly situated” persons, i.e., persons you would expect to be treated the same under the circumstances

How to Determine Discrimination? - continued - wInference based on violating policies and procedures  Applying rules & standards differently without a legitimate reason wInference based on credibility  No witnesses  Nothing happened. Look at other evidence to determine the more credible person

Some Absolutes wEnglish-only rules not allowed wDenying time off for religious observances seldom allowed wFiling a discrimination complaint does not preclude taking disciplinary action

Special Categories of Discrimination: Disabilities & Reasonable Accommodation A disabled person is one who: has a physical or mental impairment that substantially limits one or more major life activities (or who has a record of such an impairment or is regarded as having such an impairment)

A qualified individual with a disability Someone who can perform the essential functions of his/her position with or without reasonable accommodation

wSubstance Abuse is a disease and may legally be considered a disability a person currently using illegal drugs, by definition, is not a person with a disability and does not have any civil rights protection wInfectious Diseases persons with diseases such as TB, HIV or AIDS, may be qualified individuals with disabilities disease must not pose a direct threat to the safety of self or others

Reasonable Accommodations making facilities accessible job restructuring modified work schedules acquisition or modification of equipment or devices providing readers, interpreters, or auxiliary aids To receive accommodation, an AmeriCorps*VISTA must notify the Supervisor that: whe/she has a disability; and wa reasonable accommodation is needed

SEXUAL HARASSMENT Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

Types of Sexual Harassment lTangible action: A supervisor changes your service status or requirements as a result of accepting or rejecting an unwanted sexual advance. lHostile environment: A supervisor, co- worker, or other person, through conduct that is severe and pervasive, subjects you to an intimidating, hostile, or offensive service environment l“Third party” – sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed towards someone else but that adversely affects your service status, requirements, or environment

Associated Behaviors wVerbal -- jokes with sexual connotations, sexually degrading language wNonverbal -- leering, sexually oriented gestures, sexually oriented pictures, cartoons, letters wPhysical -- touching, kissing, grabbing wCriminal -- sexual assault/battery, rape - don’t contact EO, contact the police!

Your Responsibilities  Communicate to the person or management that the behavior is unwelcome. Management includes your site supervisor, the Corporation for Nat'l Service State Office, and the Corporation for Nat'l Service EO Office  Only if the conduct is severe, or continues after you put the person on notice, does it rise to the level of sexual harassment  Document actions, your response, and witnesses  If behavior continues, notify management in writing  Notify your supervisor if you think others are being subjected to sexual harassment or a hostile environment

Harassment on any protected basis is unlawful The same standards that apply to sexual harassment apply to harassment based on race, national origin, religion, disability, etc.

Contact Us: You have 45 calendar days from the date of the alleged discriminatory event to contact the Office of Civil Rights and Inclusiveness OFFICE OF CIVIL RIGHTS AND INCLUSIVENESS OFFICE Corporation for National & Community Service 1201 NEW YORK AVE, NW WASHINGTON, DC (202) (voice) (202) (TDD) (202) (FAX) ( ) EQUAL OPPORTUNITY IS EVERYONE’S RESPONSIBILITY!