{"id":36767,"date":"2008-03-26T16:35:41","date_gmt":"2008-03-26T21:35:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/fact-sheet-for-filing-notices-of-non-discrimination.html"},"modified":"2008-03-26T16:35:41","modified_gmt":"2008-03-26T21:35:41","slug":"fact-sheet-for-filing-notices-of-non-discrimination","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/litigation-disputes\/fact-sheet-for-filing-notices-of-non-discrimination.html","title":{"rendered":"Fact Sheet for Filing Notices of Non-Discrimination"},"content":{"rendered":"
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U.S. Department of Education Office for Civil Rights Washington, D.C. 20202-1100 September 1996<\/center>
Introduction<\/strong><\/font>

The Department of Education's (ED), Office for Civil Rights (OCR) enforces several statutes that protect the rights of beneficiaries in programs or activities that receive financial assistance from ED. These laws prohibit discrimination on the basis of race, color, and national origin (Title VI of the Civil Rights Act of 1964), sex (Title IX of the Education Amendments of 1972), disability (Section 504 of the Rehabilitation Act of 1973), and age (Age Discrimination Act of 1975). OCR also has responsibilities under Title II of the Americans With Disabilities Act, which prohibits State and local governments from discriminating on the ground of disability.<\/font><\/p>

This fact sheet delineates the requirements for recipients of federal funds to issue notices of non-discrimination, clarifies the information that recipients should include in their non-discrimination notices, and provides a sample notice of non-discrimination. This fact sheet is designed to assist recipients in establishing a notice of non-discrimination that meets the requirements of the applicable regulations.<\/font><\/p>

Notice of Non-discrimination Requirements<\/strong><\/font><\/p>

The regulations implementing Title VI, Title IX, Section 504, and the Age Discrimination Act contain requirements for recipients to issue notices of non-discrimination. (See 34 C.F.R. Sections 100.6(d), 106.9, 104.8, and 110.25, respectively.) The Title II regulations also contain a notice requirement, which applies to all units of government, whether or not they receive federal aid. (See 28 C.F.R. Section 35.106).<\/font><\/p>

These regulations require that recipients notify beneficiaries and others that they do not discriminate on the basis of race, color, national origin, sex, disability, and age. However, these regulations contain minor differences relating to the required content of recipient notices of non-discrimination and the methods used to publish them.<\/font><\/p>

The Title VI regulation requires recipients to notify beneficiaries and others of the regulatory provisions in a manner that a responsible Department official finds necessary to apprise beneficiaries of their protections against discrimination under the statute and regulations.<\/font><\/p>

The Title IX regulation and the Section 504 regulation both contain more detailed requirements that specify the information that must be included in a recipient notice of non-discrimination. These regulations also require recipients to designate at least one employee to coordinate efforts to comply with and carry out responsibilities under Title IX and Section 504.<\/font><\/p>

The Title IX regulation requires recipients to implement specific and continuing steps to apprise beneficiaries and others of the protections against discrimination on the basis of sex assured them by the Title IX statute and regulations. The notification must state that the requirement not to discriminate in educational programs and activities extends to employment and admission, and that inquiries concerning the regulations' application may be referred to the employee designated to coordinate Title IX compliance, or to the Assistant Secretary for Civil Rights.<\/font><\/p>

Recipients are required to include the name, address, and telephone number of the designated coordinator in its notification.<\/font><\/p>

The Section 504 regulation requires a recipient employing 15 or more persons to implement appropriate, continuing steps to notify beneficiaries and others that the recipient does not discriminate on the basis of disability in violation of the statute and regulations. The notification must state, where appropriate, that the recipient does not discriminate in admission, treatment, or access to its programs or activities. The notification also must state that the recipient does not discriminate in employment in its programs or activities. The employee designated to coordinate the recipient's efforts to comply with the Section 504 regulations must be identified in the notification.<\/font><\/p>

The Title II regulation requires that a public entity generally make available to applicants, participants, and other interested persons information regarding the provisions of Title II in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by this Act and its regulations.<\/font><\/p>

The regulation implementing the Age Discrimination Act requires a recipient to notify its beneficiaries, in a continuing manner, of information regarding the provisions of the Act and the regulations and their applicability to specific programs. The notice must identify the employee designated to coordinate the recipient's compliance efforts under the Act and regulations, by name or title, address, and telephone number.<\/font><\/p>

Methods of Notification<\/strong><\/font><\/p>

In accordance with the Title IX and Section 504 regulations, notification may include posting of notices, publication in local newspapers, publication in newspapers and magazines operated by the recipient or students, publication in alumnae or alumni newspapers or magazines, or distribution of memoranda or other written communications to students and employees. In addition, recipients are required to include a statement of nondiscriminatory policy in any bulletins, announcements, publications, catalogs, application forms, or other recruitment materials that are made available to participants, beneficiaries, applicants, or employees. As noted in the pertinent Section 504 regulation, recipients may meet this requirement either by including appropriate inserts in existing materials and publications or by revising and reprinting the materials and publications. Neither the Title VI regulation, the Age Discrimination Act regulation, nor the Title II regulation specifies the methods to be used by recipients in publishing notices of non-discrimination.<\/font><\/p>

Combined Requirements<\/strong><\/font><\/p>

OCR has recognized that there are variations among the regulations governing notice requirements and understands that recipients may wish to use one statement to comply with requirements of the regulations implementing Title VI, Title IX, Section 504, and the Age Discrimination Act. Public institutions also may wish to include Title II of the ADA in the statement. OCR encourages the coordination of efforts to comply with these notice requirements by combining the regulatory requirements of Title VI, Title IX, Section 504, the Age Discrimination Act, and Title II of the ADA in a combined notice.<\/font><\/p>

A combined non-discrimination notice should contain two basic elements: (1) a statement of non-discrimination on the bases of which OCR enforces civil rights statutes; and (2) identification by name or title, address, and telephone number of the employee or employees responsible for coordinating the recipient's compliance efforts. The following clarifies how these two elements may be stated correctly in a non-discrimination notice and notes interpretations of the regulatory requirements that OCR has identified as acceptable:<\/font><\/p>