Figure 11 Introduction Equal employment opportunity (EEO) and affirmative -Section 1 of the Fourteenth Amendment to the U.S. -Title VI of the Civil Rights Act of 1964 -Title VII of the Civil Rights Act of 1964, as amended -Executive Order 11246, as amended by Executive -Revised Order No. 4, 41 CFR 60-2.10 -Rehabilitation Act of 1973, P.L. 93-112 -Age Discrimination in Employment Act of 1967, P.L. -March 23, 1973, Interagency Agreement clarifying The complete text of the March 23, 1973, Interagency 77 78 A strong statement of applicability of Title VI should come from the Justice Department. In the published Regulations of Jaunuary, 1977, the applicability of Title VI to employment remained ambiguous. As shown in Figure 12, Title 28 CFR Part 42 refers to "Nondiscrimination: Equal Employment Opportunity: Policies and Procedures." Sub-Part F, in part defines covered employment: (f) "Covered employment" means employemnt practices covered by Title VI. Such practices are those which (1) Exist in a program where a primary objective of the federal financial assistance is to provide employment, or (2) Cause discrimination on the basis of race, color or national origin with respect to beneficiaries or potential beneficiaries of the assisted program. Section 42.404 (a) refers to employment again. The guidelines shall describe the nature of Title VI coverage, methods of enforcement, examples of prohibited practices in the context of the particular type of program, required or suggested remedial action, and the action, and the nature of requirements relating to covered employment, data collection, complaints and public information. In comments to the Justice Department on the regulations the Commission on Civil Rights pointed out the possibility for confusion. This Commission [on Civil Rights] has previously taken note of the fact that many Federal departments and agencies have misdirected the bulk of their civil rights activities under Title VI into employment, to the derogation of responsibility in dealing with discriminatory delivery of services. We believe that the inclusion of these rules in an employment section may further the confusion of departments and agencies as to their primary Title VI functions and duties. We recommend, therefore, that the title of part 42 be changed to read "Nondiscrimination; Equal Opportunity; Policies and Procedures. The Department of Transportation, also in response to the proposed regulation, apparently did not interpret the proposed regulations correctly when it commented: The Title VI impact on employment practices of recipients was not treated in any detail in the proposal. Due to varied interpretations of covered employment practices (e.g., of Title VI implications Figure 12 Title 28 Judicial Administration Chapter 1 Department of Justice (Order No. 670-76) Part 42 Nondiscrimination: Equal Employment Opportunity: Policies and Procedures COORDINATION OF OF NONDISCRIMINATION IN UNITED STATES DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION Federal Programs Section 80 of employment practices which affect delivery of benefits and services) the employment section should be expanded. The Justice Department has taken steps to insure that agencies do not require unnecessary reporting under Title VI. This has been in the form of reviewing regulations pepared by agencies and negotiating agreements concerning information to be collected. Department of Justice coordinators have prepared a checklist to monitor individual agencies' implementation of the new regulations. Further, in Title 28 of the Federal Regulations, reference to Title VI will read "Coordination of Enforcement in Federally Assisted Programs." To insure that no unnecessary or duplicative requirements are incurred under Title VI, the Attorney General should delineate specifically the authority for EEO reporting under Title VI. Recommendation No. 15 The Attorney General should issue a memorandum to agencies stating those programs authorized to collect EEO data under Title VI so that Federal regional offices do not mis-interpret the law and policy. Recommendation No. 16 The memorandum of the Attorney General should be published in the Federal Register with a notice to States that when they are required to submit EEO data under other Title VI programs they should notify the Department of Justice. Regional Uniform Guidelines Due to a growing awareness of the difficulties States and localities had in attempting to comply with several Federal agencies' diverse requirements for affirmative action plans, the Civil Service Commission and Federal Regional Councils in Philadelphia (Region III), Atlanta (Region IV), and Dallas (Region VI), have formulated Regional Uniform Guidelines for Affirmative Action Plans.4 Guidelines were developed to standardize requirements In Philadelphia an ad hoc task force on intergovernmental 4 From Region III AAP Uniform Guideline Background material sent by came the uniform AAP guidelines. The task force's concern for State and local EEO reporting is illustrated in its projected results: • Development and maintenance of effective working relationships with EEO officials responsible directly to State and local chief executives; • Solicitation and serious consideration of State and local views on EEO; • Development of increased capability, especially by central EEO coordinators, in implementing and maintaining sound EEO programs within State and local governments; • Assurance of effective State and local EEO activities by eliminating any apparent Federal contradictions; • Development of sound peer relationships among State and local EEO officials and promotion of expertise through exchange of information. In a letter to our Commission, the Southwest Federal Regional Council (SWFRC) said: You may be aware of this Council's pioneering efforts in the area of Equal Employment Opportunity Guidelines. With the assistance of the Civil Service Commission, the SWFRC has met the challenge of eliminating duplicative EEO information requirements by means of Uniform Interagency Guidelines for EEO Affirmative Action Plans. In addition to receiving widespread acclaim from State and local governments for helping to reduce and eliminate unnecessary paperwork and effort, the Guidelines have served to stimulate the development and effective utilization of EEO Affirmative Action Plans by units of government throughout this Region. In addition to this letter, the Southwest Region Civil Service Commission provided a brief narrative describing the guidelines. This narrative follows. Development of the "Uniform Interagency Guidelines for EEO Affirmative Action Plans" Under the "Standards for a Merit System of Personnel Administration," as revised in March 1971, 23 Federal programs, including 11 administered by the Department of Health, Education, and Welfare's (DHEW) Social and Rehabilitation Service (SRS), have a statutory or regulatory requirement to develop and implement Affirmative Action Plans (AAP's) for Equal Employment Opportunity (EEO). |