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