ML23297A193
| ML23297A193 | |
| Person / Time | |
|---|---|
| Issue date: | 10/31/2023 |
| From: | NRC/SBCR |
| To: | |
| References | |
| NUREG/BR-0457, Rev 2 | |
| Download: ML23297A193 (1) | |
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How Can I File a Complaint Anyone who believes that a recipient of the NRCs conducted and/or financial assistance has discriminated against someone on the basis of race, color, or national origin may file a complaint of discrimination. A complaint must be filed within 180 calendar days of the alleged discrimination, unless the time for filing is extended by SBCR for good cause.
What to Include in Your Complaint Anyone wishing to file a complaint with the Office of Small Business and Civil Rights (SBCR) should submit in writing the following information:
Your name, address, and telephone number where you can be reached.
A general description of the person(s) or class of persons injured by the alleged discriminatory act(s); the name and address of the agency, institution, or department you believe committed the alleged discriminatory acts.
A description on how, why, and when you believe you were discriminated against, including as much detailed information as possible about the alleged acts of discrimination, and the names of the individuals whom you allege discriminated against you, if known; a description of the alleged discriminatory act(s) in sufficient detail to enable SBCR to understand what occurred, when it occurred, and the basis for the alleged discrimination (race, color, or national origin).
What If the Recipient Retaliates Against Me for Asserting My Rights or Filing a Complaint?
It should also be noted that a recipient of NRC conducted and/or financial assistance is prohibited from retaliating against any person because he or she opposed an unlawful policy or practice, or made charges, testified, or participated in any complaint action under Title VI. If you believe that you have been retaliated against, you should immediately contact the Office of Small Business and Civil Rights (SBCR).
Where to Send Your Complaint Office of Small Business and Civil Rights U.S. Nuclear Regulatory Commission Email: EEOPROGRAMS.Resource@nrc.gov Telephone No.:(301) 415-7380/TDD (301) 415-5244 Your Rights Under Title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights of 1964 and Related Nondiscrimination Laws and Regulations No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 42 U.S.C. § 2000d Office of Small Business and Civil Rights NUREG/BR-0457. Rev 2 October 2023 Insert Picture here
Purpose and Applicability The U.S. Nuclear Regulatory Commission (NRC) delegated authority to the Office of Small Business and Civil Rights (SBCR) to administer, monitor, and enforce compliance of Title VI of the Civil Rights Act of 1964, as amended, and related statutes and implementing regulations by investigating Title VI related complaints, and providing leadership, guidance, and technical assistance to participating recipients and beneficiaries of the various programs and activities conducted by the NRC and receiving Federal financial assistance. The NRC has promulgated regulations to implement Title under 10 CFR Part 4.
What is Title VI?
Title VI, 42 U.S.C. § 2000d et seq., is the Federal law that was enacted as part of the landmark Civil Rights Act of 1964 that prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. The law states, in part, that:
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
As President John F. Kennedy said in 1963:
Simple justice requires that public funds, to which all taxpayers of all races, colors, and national origins contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial, color, or national origin discrimination.
If a recipient of federal assistance is found to have discriminated and voluntary compliance cannot be achieved, the federal agency providing the assistance should either initiate fund termination proceedings or refer the matter to the Department of Justice (DOJ) for appropriate legal action. Aggrieved individuals may file administrative complaints with the federal agency that provides funds to a recipient, or the individuals may file suit for appropriate relief in federal court. Title VI itself prohibits intentional discrimination. However, most funding agencies have regulations implementing Title VI that prohibit recipient practices that have the effect of discrimination on the basis of race, color, or national origin.
Other key regulations created in conjunction with Title VI includes Executive Order 12898 (February 11, 1994) -
Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 13166 (August 11, 2000) - Improving Access to Services for Persons with Limited English Proficiency (LEP).
Executive Order 12898, signed on February 11, 1994, requires Federal agencies to achieve environmental justice by identifying & addressing disproportionately high and adverse human health and environmental effects, including interrelated social & economic effects, of their programs, policies, and activities on minority populations and low-income populations. In response to the Commissions Staff Requirements Memorandum (SRM) dated April 23, 2021, the NRC has made several policy updates to enhance how the agency addresses EJ and describes the process for which the agency plans to incorporate these EJ principles into all existing NRC programs and activities.
Limited English Proficiency (LEP)
Executive Order 13166, signed on August 11, 2000, requires Federal agencies to examine the programs and services they provide, identify any need for services to those with LEP, and develop and implement a system to provide those services so LEP persons can have meaningful access to them. It is expected that agency plans will provide for such meaningful access consistent with, and without unduly burdening, the fundamental mission of the agency. The Executive Order also requires that Federal agencies work to ensure that recipients of Federal financial assistance provide meaningful access to their LEP applicants and beneficiaries.
Statutes and Regulations Title VI Statute, 42 U.S.C §§ 2000d - 2000d-7 Department of Justice's Title VI Regulations (28 C.F.R. § 42.101 et seq.)
Department of Justice's Title VI Coordination Regulations (28 C.F.R. § 42.401 et seq.)
Department of Justice's Guidelines for the Enforcement of Title VI (28 C.F.R. § 50.3)
Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 13166 - Improving Access to Services for Persons with Limited English Proficiency (LEP)
What programs are covered by Title VI?
Federal agencies provide Federal financial assistance in the form of funds, training, and technical and other assistance to State and local governments, and nonprofit and private organizations. These recipients of Federal Financial assistance, in turn, operate programs and deliver benefits and services to individuals (known as beneficiaries) to achieve the goals of the Federal legislation that authorizes the programs. Federally financial assisted programs address such broad and diverse areas as:
elementary, secondary, and higher education health care, social services, and public welfare public transportation parks and recreation natural resources and the environment employment and job training housing and community development law enforcement and the administration of justice agriculture and nutrition.
What discrimination is prohibited by Title VI?
There are many forms of discrimination based on race, color, and national origin, that can limit the opportunity of individuals to gain access to programs and services. In operating Federally assisted programs and activities, a recipient cannot discriminate either directly or through contractual means by:
Denying program services, aids, or benefits.
Providing a different service, aid, or benefit, or providing them in a manner different than they are provided to others.
Segregating or separately treating individuals in any matter related to the receipt of any service, aid, or benefit.
Restricting in any way the enjoyment of any advantage or privilege enjoyed by others receiving any program services, financial aid, or other benefits.
Denying person(s) the opportunity to participate in a program through the provision of services or affording the opportunity to do so differently from those afforded others.