Rules & Regulations of the State of Tennessee
Title 1500 - Human Rights Commission
Chapter 1500-01-03 - Title VI Compliance Program
Section 1500-01-03-.03 - DISCRIMINATION PROHIBITED
Universal Citation: TN Comp Rules and Regs 1500-01-03-.03
Current through September 24, 2024
(1) It is a discriminatory practice for any state department or agency receiving federal funds making it subject to Title VI of the Civil Rights Act of 1964, or for any entity or person receiving such federal funds from a state agency, to exclude a person from participation under any program or activity on the basis of race, color, or national origin.
(2) Specific discriminatory actions prohibited
(a)
A recipient under any program or activity to which this section applies may
not, directly or through contractual or other arrangements, on the ground of
race, color, or national origin:
1. Deny an
individual any disposition, service, financial aid, or benefit provided under
the program;
2. Provide any
disposition, service, financial aid, or benefit to an individual which is
different, or is provided in a different manner, from that provided to others
under the program;
3. Subject an
individual to segregation or separate treatment in any matter related to the
receipt of any disposition, service, financial aid, or benefit under the
program;
4. Restrict an individual
in any way in the enjoyment of any advantage or privilege enjoyed by others
receiving any disposition, service, financial aid, or benefit under the
program;
5. Treat an individual
differently from others in determining whether such person satisfies any
admission, enrollment, quota, eligibility, membership, or other requirement or
condition which individuals must meet in order to be provided any disposition,
service, financial aid, function or benefit provided under the
program;
6. Deny an individual an
opportunity to participate in the program through the provision of services or
otherwise or afford such person an opportunity to do so which is different from
that afforded others under the program (including the opportunity to
participate in the program as an employee but only to the extent set forth in
paragraph (3) below); or,
7. Deny a
person the opportunity to participate as a member of a planning or advisory
body which is an integral part of the program.
(b) A recipient, in determining the type of
disposition, services, financial aid, benefits, or facilities which will be
provided under any such program, or the class of individuals to whom, or the
situations in which, such services, financial aid, benefits, or facilities will
be provided under any such program, or the class of individuals to be afforded
an opportunity to participate in any such program, may not, directly or through
contractual or other arrangements, utilize criteria or methods of
administration which have the effect of subjecting individuals to
discrimination because of their race, color, or national origin, or which have
the effect of defeating or substantially impairing accomplishment of the
objectives of the program with respect to individuals of a particular race,
color, or national origin.
(c) In
determining the site or location of facilities, a recipient or applicant may
not make selections with the purpose or effect of excluding individuals from,
denying them the benefits of, or subjecting them to discrimination under any
program on the ground of race, color, or national origin; or with the purpose
or effect of defeating or substantially impairing the accomplishment of the
objectives of Title VI of the Civil Rights Act of 1964, T.C.A. §
4-21-904 or this
regulation.
(d) For the purposes of
this section the disposition, services, financial aid, or benefits provided
under a program receiving Federal financial assistance shall be deemed to
include any portion of any program or function or activity conducted by any
recipient of Federal financial assistance which program, function, or activity
is directly or indirectly improved, enhanced, enlarged, or benefited by such
Federal financial assistance or which makes use of any facility, equipment or
property provided with the aid of Federal financial assistance.
(e) The enumeration of specific forms of
prohibited discrimination in this paragraph and in paragraph (3) of this
section does not limit the generality of the prohibition in paragraph (1) of
this section.
(f) In administering
a program regarding which the recipient has previously discriminated against
persons on the ground of race, color, or national origin, the recipient must
take affirmative action to overcome the effects of prior discrimination. Even
in the absence of such prior discrimination, a recipient in administering a
program may take affirmative action to overcome the effects of conditions which
resulted in limiting participation by persons of a particular race, color, or
national origin.
(3) Employment practices
(a) Whenever a primary
objective of the Federal financial assistance to a program to which this
regulation applies, is to provide employment, a recipient of such assistance
may not (directly or through contractual or other arrangements) subject any
individual to discrimination on the ground of race, color, or national origin
in its employment practices under such program (including recruitment or
recruitment advertising, employment, layoff, or termination, upgrading,
demotion, or transfer, rates of pay or other forms of compensation, and use of
facilities). That prohibition also applies to programs as to which a primary
objective of the Federal financial assistance is:
(i) to assist individuals, through
employment, to meet expenses incident to the commencement or continuation of
their education or training, or
(ii) to provide work experience which
contributes to the education or training of the individuals involved.
(b) In regard to Federal financial
assistance which does not have providing employment as a primary objective, the
provisions of paragraph (3)(a) of this section apply to the employment
practices of the recipient if discrimination on the ground of race, color, or
national origin in such employment practices tends, on the ground of race,
color, or national origin, to exclude persons from participation in, to deny
them the benefits of or to subject them to discrimination under the program
receiving Federal financial assistance. In any such case, the provisions of
this subparagraph shall apply to the extent necessary to assure equality of
opportunity to and nondiscriminatory treatment of beneficiaries.
Authority: T.C.A. §§ 4-21-202, 4-21-203 and 28 CFR Part 42, Subpart C.
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