Civil Rights  |  Enforcement Programs  |  Resources  |  Frequently Asked Questions

What is the Office for Civil Rights?

The Office for Civil Rights (OCR) at the Office of Justice Programs (OJP), U. S. Department of Justice is responsible for ensuring that recipients of federal financial assistance from OJP and its components, from the Office on Violence Against Women (OVAW), and from the Office of Community Oriented Policing Services (COPS) do not unlawfully discriminate in their employment practices or in their delivery of services or benefits.

What are the Federal Laws that Apply to Funded Organizations?

Organizations that receive federal financial assistance from OJP and its components, from OVAW, and from COPS may be subject to the following federal laws:

Title VI of the Civil Rights Act of 1964 (prohibiting discrimination in the delivery of services or benefits based on race, color, and national origin)
The Omnibus Crime Control and Safe Streets Act of 1968 and the Juvenile Justice and Delinquency Prevention Act (prohibiting discrimination in employment and the delivery of services or benefits based on race, color, national origin, sex, and religion)
The Victims of Crime Act (prohibiting discrimination in employment and the delivery of services or benefits based on race, color, national origin, sex, religion, and disability)
Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (prohibiting discrimination in employment and the delivery of services or benefits on the basis of disability)
Title IX of the Education Amendments of 1972 (prohibiting discrimination in educational programs based on sex)
Age Discrimination Act of 1975 (prohibiting discrimination in the delivery of services or benefits based on age)

For more information on these statutes and their implementing regulations, please see OCR's Web site. Employment discrimination matters under any of the above-listed funding statutes follow the standards of Title VII of the Civil Rights Act of 1964.

What are Prohibited Discriminatory Actions?

Recipients of federal financial assistance may not engage in any of the following practices based on race, color, national origin, religion, or sex:

deny a qualified individual access to the benefits or services of a funded program or activity
provide a service or benefit to a qualified individual that is different from the service or benefit provided to other qualified beneficiaries
subject an individual to segregation or separate treatment related to delivery of a service or benefit
restrict an individual from enjoying the privileges or advantages from a funded program or activity
treat an individual differently in determining whether he or she satisfies any admission or eligibility requirement as a precondition for receiving benefits or services
subject any individual to physical abuse or punishment or deny the rights guaranteed by the Constitution to all persons
deny a person the opportunity to participate as a member of a planning or advisory body that is an integral part of the program
subject any individual to discrimination in employment practices
use methods of administration that have the effect of subjecting individuals to discrimination (e.g., a state that adopts a policy requiring all applicant social service providers to obtain state certification may deter tribal social service providers from applying for funding, because the tribes view the certification requirement as an affront to tribal sovereignty, resulting in the denial of equitable services to American Indians and Alaska Natives)
select the site of a facility that has the purpose or effect of discriminating against beneficiaries or employees

For information on discrimination based on disability, please see the Department of Justice's home page on the Americans with Disabilities Act.

What are Some Examples of Funded Organizations that May Have to Comply with the Applicable Federal Civil Rights Laws?

Organizations that may receive federal financial assistance that would require them to comply with federal civil rights laws are the following:

Law Enforcement Agencies (e.g., Municipal Police Departments, County Sheriff Departments, State Police, Highway Patrols, State Bureaus of Investigation)
State District Attorney Offices
Municipal, County, and State Courts
Municipal and County Jails
State Departments of Correction
Juvenile Justice Agencies
Schools, Colleges, and Universities
     Social Service Providers (e.g., Ex-Offender Programs, Domestic Violence Shelters, Sexual Assault Response Centers, Drug Counseling Agencies, After School Programs)
     Tribal Law Enforcement Agencies and Social Service Providers (funded tribal organizations must comply with federal civil rights nondiscrimination prohibitions in providing services or benefits; however, Congress exempted tribes from the nondiscrimination provisions as they apply to employment)

Who Can File a Complaint?

American Indians and Alaska Natives, as well as others, who are beneficiaries of programs or activities funded by OJP, OVAW, or COPS and who believe that they have been discriminated against based on race, color, national origin, religion, sex, disability or age may file an administrative complaint with OCR. American Indians and Alaska Natives, as well as others, who are employees of non-tribal recipients that receive funding from OJP, OVAW, or COPS may also file an administrative complaint with OCR, if they have encountered unlawful employment discrimination based on race, color, national origin, religion, sex, or disability. Individuals who are not American Indians or Alaska Natives and/or who have not personally experienced discrimination may file third-party complaints on behalf of aggrieved American Indians and Alaska Natives.

What is the Process for Filing a Complaint?

To file an administrative complaint, one should complete the forms available at OCR's Web site and return them to OCR either via fax at (202) 616-9865 or mail at the following address:

Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 7th Street, N.W.
Washington, D.C. 20531

If you need special assistance in completing the forms, contact OCR directly at (202) 307-0690 or TTY (202) 307-2027.

What Happens After Filing a Complaint?

OCR assigns each complaint to an attorney for investigation. The attorney will contact the recipient in writing and request data relevant to the complaint. If needed, the attorney may also conduct an onsite visit to gather additional information. Once the investigative file is complete, OCR reviews the data and determines whether there is sufficient evidence to support the complaint. If the evidence does not support the complaint, then OCR closes the case. If there is sufficient evidence to conclude that the recipient is not complying with the applicable federal civil rights laws, then OCR tries to work with the recipient to bring it into voluntary compliance. If voluntary compliance efforts fail, then the recipient risks the suspension or termination of federal assistance.

What is Discrimination under Federal Law?

Most American Indians and Alaska Natives file discrimination claims based on race, national origin or religion.

Employment and service discrimination claims alleging race or national origin discrimination under federal law usually fall into two categories, either disparate treatment or disparate impact.

In a disparate treatment claim, the complainant shows that he or she applied for an employment position (or applied for a service or benefit for which the complainant qualified); the employer (or service provider) denied employment (or the service or benefit); and the job (or the service or benefit) went to a person who was not of the same race or national origin as the complainant. The employer or service provider then has the opportunity to show that it had a legitimate, nondiscriminatory reason for its actions. The complainant must then show that the employer or service provider's explanation was a pretext for discrimination. The ultimate burden of proof always remains with the complainant.

In a disparate impact claim, the complainant shows that an employer or service provider has adopted a facially neutral policy that has a disproportionate adverse effect on a particular group of people who can be identified by race or national origin (e.g., a tribe's refusal to waive sovereign immunity as a condition of receiving OJP funds through a state agency, in accordance with the agency's policy, may give rise to a rebuttable discrimination claim by tribal members, if they can show that as a result of the policy, they are disproportionately being denied the benefits of the program).

Complainants may also file religious discrimination claims against service providers and employers. Service providers are required to treat beneficiaries equitably, regardless of the beneficiaries' religious practices or beliefs, or lack of them. Employers have an obligation to accommodate, within reason, the religious practices of their employees, unless doing so would impose an undue hardship on the employer. For more information on religious discrimination issues, please see the Web site of the Department of Justice's Special Counsel for Religious Discrimination.

Do Recipients Have a Responsibility to Provide Interpretation or Translation Services to American Indians or Alaska Natives Whose First Language is Not English?

Recipients that are service providers, including police departments, criminal justice agencies, domestic violence shelters, correctional facilities, and courts, need to be mindful of the Department of Justice guidelines [http://www.usdoj.gov/crt/cor/lep/DOJFinLEPFR Jun182002.pdf] implementing Title VI of the Civil Rights Act of 1964. The guidelines explain that a recipient must take reasonable steps to provide meaningful access to programs and activities to persons with limited English proficiency (LEP). A LEP individual is a person whose first language is other than English and who has a limited ability to read, speak, write, or understand English. For more information on LEP issues, please see http://lep.gov. Service providers may need to be especially mindful of the language assistance needs of American Indians and Alaska Natives whose first language may not be English.

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