CFR Section 570.601(d) sets forth the general requirements for title VI of the Civil Rights Act of 1964 and 570.602 sets forth the general requirements for Section 109 of the act. Together these provisions prohibit discrimination in any program or activity funded in whole or in part with funds made available under this part.
(A) Review for equal employment opportunity. The Department will presume that a recipient's hiring and employment practices have been carried out in compliance with its equal opportunity certifications and requirements of the act. This presumption may be rebutted where, based on the totality of circumstances, there has been a deprivation of employment, promotion, or training opportunities by a recipient to any person within the meaning of Section 109 of the act. The event to which persons of a particular race, gender or ethnic background are represented in the workforce may in certain circumstances be considered, together with complaints, performance reviews, and other information.
(B) Review of equal opportunity in services, benefits and participation. The Department will presume a recipient is carrying out its programs and activities in accordance with the civil rights certifications and requirements of the act. This presumption may be rebutted where, based on the totality of circum stances, there has been a deprivation of services, benefits, or participation in any program or activity funded in whole or in part with block grant funds by a recipient to any person within the meaning of Section 109 of the act. The extent of which persons of a particular race, gender, or ethnic background participate in a program or activity may in certain circumstances be considered, together with complaints, performance reviews, and other information.
(Ord. 292, passed 5-1-89)