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04-25-11 Council Agenda & Packet
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04-25-11 Council Agenda & Packet
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4/21/2011 11:24:46 AM
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Enforcing Civil nights Laces <br /> All recipients of Federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of <br /> employees in the workforce,are subject to the prohibitions against unlawful discrimination.Accordingly,OCR investigates recipients that <br /> are the subject of discrimination complaints from both individuals and groups.In addition,based on regulatory criteria,OCR selects a <br /> number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services <br /> equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. <br /> Complying with the Safe Streets Actor Program Requirements <br /> In addition to these general prohibitions,an organization which is a recipient of financial assistance subject to the nondiscrimination <br /> provisions ofthe Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,42 U.S.C.§3789d(c),or other Federal grant <br /> program requirements,must meet two additional requircments:(1)complying with Federal regulations pertaining to the development of an <br /> Equal Employment Opportunity Plan(EEOP),28 C.F.R.§42.301-.308,and(2)submitting to OCR Findings of Discrimination(see 28 <br /> C.F.R.§§42.205(5)or 31.202(5)). <br /> 1) Meeting the ESOP Requirement <br /> In accordance with Federal regulations,Assurance No.6 in the Standard Assurances,COPS Assurance No.8.B,or certain Federal grant <br /> program requirements,your organization must comply with the following EEOP reporting requirements: <br /> ifyour organization has received an award for$500,000 or more and has 50 or more employees(counting both full-and part-time <br /> employees but excluding political appointees),then it has to prepare an EEOP and submit it to OCR for review within 60 days from the <br /> date of this letter.For assistance in developing an ESOP,please consult OCR's website at http://www.ojp.usdoj.gov/ocr/ecop.htni. You <br /> may also request technical assistance from an EEOP specialist at OCR by dialing(202)616-3208. <br /> If your organization received an award between$25,000 and$500,000 and has 50 or more employees,your organization stil l has to prepare <br /> an EEOP,but it does not have to submit the EEOP to OCR for review.Instead,your organization has to maintain the EEOP on file and <br /> make it available for review on request.In addition,your organization has to complete Section B of the Certification Form and return it to <br /> OCR.The Certification Form can be found at http://www.ojp.usdoj.goN,/ocr/ecop.htm. <br /> If your organization received an award for less than S25,000;or if your organization has less than 50 employees,regardless of the amount of <br /> the award;or ifyour organization is a medical institution,educational institution,nonprofit organization ar Indian tribe,then your <br /> organization is exempt from the EEOP requirement.However,your organization must complete Section A of the Certification Form and <br /> return it to OCR.The Certification Form can be found at http://www.ojp.usdoi.gov/ocr/mp.htm. <br /> 2) Submitting Findings of Discrimination <br /> In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your <br /> organization after a due process hearing,on the ground of race,color,religion,national origin,or sex,your organization must submit a copy <br /> of the finding to OCR for review. <br /> Ensuring the Compliance of Subrecipients <br /> If your organization makes subawards to other agencies,you are responsible for assuring that subrecipients also comply with all of the <br /> applicable Federal civil rights laws,including the requirements pertaining to developing and submitting an EEOP,reporting.Findings of <br /> Discrimination,and providing language services to LEP persons.State agencies that make subawards must have in place standard grant <br /> assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. <br /> lfwe can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding,please call OCR at(202)307- <br /> 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. <br /> Sincerely, <br /> / a. ---- <br /> Michael L.Alston <br /> Director <br /> cc: Grant Manager <br /> Financial Analyst <br />
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