1. Title VI of the Civil Rights Act Danny Simon

2. Background Conditions ▪ The Civil War freed the former slaves, but did not provide much in the way of restitution. Much of the South was in shambles. ▪ Following the Civil War, the Federal government hardly passed any civil rights legislation for almost a century. ▪ Peaceful protests in the South by black activists led by Martin Luther King Jr. were being met with police brutality and violence. ▪ There was a growing number of limited English proficiency (LEP) persons and communities.

3. The Civil Rights Act of 1964 ▪ Before he was assassinated, President John F. Kennedy addressed the nation and expressed the need for civil rights legislation following the National Guard’s deployment in Birmingham Alabama.President John F. Kennedy ▪ After Kennedy’s assassination, President Lyndon B. Johnson made passage of civil rights legislation his number one priority. “No memorial oration or eulogy could more eloquently honor President Kennedy's memory than the earliest possible passage of the civil rights bill for which he fought so long.” ▪ After a 73-27 vote victory in the senate (73% for) and a 289-126 vote victory in the House (70% for), it was signed into law by President Johnson July 2, 1964.

4. Title VI Basics ▪ Title VI prohibits discrimination based on race, color or national origin in programs that receive Federal funds.Federal funds ▪ Also prohibits retaliation by a program on an individual when a complaint is filed. ▪ Enforced by a system of voluntary compliance, meaning programs must be given a chance to voluntarily comply before being penalized or having Federal funds withdrawn. ▪ The Office of Civil Rights (OCR) and the Department of Health and Human Services (HHS) are in charge of making sure these programs are in compliance.

5. Programs Affected  Hospitals & health clinics  Public schools  Police protection  Medicaid & Medicare agencies  Alcohol & drug treatment centers  Extended care facilities  Public assistance programs  Nursing homes  Adoption agencies  Day care, mental health or senior citizen centers

6. What qualifies as discrimination? 1.Denial of services, financial aid or other benefits provided as a part of health or human services programs. 2.Providing a different service, financial aid or other benefit, or providing them in a different manner from those provided to others under the program. 3.Segregation or separate treatment of individuals in any matter related to the receipt of any service, financial aid or other benefit. 4.Failure to take reasonable steps to ensure meaningful access by limited English proficient (LEP) persons to the recipient’s programs or activities.

7. Reasoning behind Title VI  The primary beneficiaries of Title VI are LEP individuals, however can apply to anyone.  Before this was enacted, recipients of Federal financial assistance were not obligated to provide services in anything other than English.  Protection by police, and other extremely important public assistance programs such as hospitals was not guaranteed to LEP individuals.  Now all federally funded programs are required to provide translation services for citizens in every language.

8. Title VI Today  Today, there are at least 40 million LEP citizens who depend on Title VI to receive fair and equal treatment.  Title VI does not prohibit discrimination based on religion.  In a letter from the Attorney General to the OCR in 2010 states that certain religious groups do qualify for protection by Title VI: “Discrimination against Jews, Muslims, Sikhs, and members of other religious groups violates Title VI when that discrimination is based on the group’s actual or perceived shared ancestry or ethnic characteristics.”

9. Impact of Title VI on Democracy  For a true democracy to work, all citizens must be treated equally by the government.  Without equal access to programs that receive federal funding, people of color and LEP persons are at a severe disadvantage.  Programs in violation of Title VI will lose federal funding, which is a huge incentive to comply.

10. Sources Civil Rights Act Info: https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964#Title_VI https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964#Title_VI Overview of Title VI and related materials: http://www.justice.gov/crt/title-vi- civil-rights-act-1964-42-usc-2000d-et-seqhttp://www.justice.gov/crt/title-vi- civil-rights-act-1964-42-usc-2000d-et-seq More Title VI specifics: http://www.hhs.gov/ocr/civilrights/resources/factsheets/yourrightsundertitlev iofthecivilrightsact.pdf http://www.hhs.gov/ocr/civilrights/resources/factsheets/yourrightsundertitlev iofthecivilrightsact.pdf Letter from the Attorney General addressing protection of religious groups: http://www.justice.gov/sites/default/files/crt/legacy/2011/05/04/090810_AAG_ Perez_Letter_to_Ed_OCR_Title%20VI_and_Religiously_Identifiable_Groups. pdf http://www.justice.gov/sites/default/files/crt/legacy/2011/05/04/090810_AAG_ Perez_Letter_to_Ed_OCR_Title%20VI_and_Religiously_Identifiable_Groups. pdf