(A) Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq., and its implementing regulations provide that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity that receives federal financial assistance. The Supreme Court, in Lau v. Nichols, 414 U.S. 563 (1974), interpreted Title VI regulations promulgated by the former U.S. Department of Health, Education and Welfare to hold that Title VI prohibits conduct that has a disproportionate effect on LEP persons because such conduct constitutes national origin discrimination.
(B) Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency”, reprinted at 65 FR 50121 (8-16-2000), directs each federal agency to examine the services it provides and develop and implement a system by which LEP persons can meaningfully access those services. The executive order states that recipients must take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. Federal agencies were instructed to publish guidance for their respective recipients in order to assist them with their obligations to LEP persons under Title VI. The executive order recommended uniform guidance to recipients on the preparation of a plan to improve access to its federally assisted programs and activities by eligible LEP persons. Each plan shall be consistent with the standards set forth in the U.S. Department of Justice’s policy guidance document entitled, “Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons” (“DOJ LEP Guidance”), reprinted at 67 FR 41455 (6-18-2002). The DOJ LEP guidance was drafted and organized to function as a model for similar guidance by other federal agencies.
(C) (1) Consistent with the DOJ LEP Guidance, USDA published its final “Guidance to Federal Financial Assistance Recipients Regarding the Title VI Prohibition Against National Origin Discrimination Affecting Persons with Limited English Proficiency” on 11-28-2014. The guidance does not create new obligations for recipients, but provides guidance to recipients in meeting their existing LEP obligations.
(2) It clarifies the responsibilities of recipients and will assist them in fulfilling their responsibilities to LEP persons under Title VI and its regulations.
(D) 7 C.F.R. part 15, subpart A, effectuates the provisions of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the “Act”) to the end 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 otherwise subjected to discrimination under any program or activity of an applicant or recipient receiving federal financial assistance from the U.S. Department of Agriculture or any agency thereof.
(E) (1) 7 C.F.R. part 1901, subpart E, which contains policies and procedures for implementing the regulations of the U.S. Department of Agriculture issued pursuant to Title VI of the Civil Rights Act of 1964, being 42 U.S.C. §§ 2000d et seq.; Title VIII of the Civil Rights Act of 1968, being 42 U.S.C. §§ 3601 et seq.; Executive Order 11246, as amended from time to time; and the Equal Credit Opportunity Act of 1974, being 15 U.S.C. §§ 1691 et seq., as they relate to rural development.
(2) Nothing herein shall be interpreted to prohibit preference to American Indians on Indian reservations.
(Ord. 2017-07, passed 9-11-2017)