Nondiscrimination and Accessibility in Programs and Services

 

The Office of Civil Rights (OCR) coordinates the enforcement by Commerce Bureaus of various statutes that prohibit discrimination in programs that receive Federal financial assistance, and that prohibit discrimination on the basis of disability in programs conducted by Federal agencies.

 

OCR reviews proposed regulations, policies, and procedures developed by Commerce Bureaus to implement civil rights requirements to assure consistent, effective, and efficient enforcement. The Division also reviews plans submitted by these agencies describing their civil rights enforcement goals, activities, and past progress, and reviews workload and performance data on their enforcement activities. The Division also provides technical assistance and training to improve the enforcement programs of individual Bureaus, including assistance on implementing the new Executive Order on Environmental Justice.

 

OCR also investigates complaints for which the Department of Commerce is the designated agency for administrative enforcement and seeks to resolve claims through the use of alternative dispute resolution techniques, if appropriate, in lieu of full field investigations. In other cases, formal findings of compliance or noncompliance are issued. If voluntary compliance cannot be achieved where the noncompliance is found, the Compliance Division may refer cases for litigation to the Department of Justice.

 

OCR does not have jurisdiction over concerns of discrimination regarding the employment of veterans.  However, the U.S. Department of Labor,  Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of Uniformed Service Employment and Re-employment Rights Act (USERRA) violations.

To learn more regarding VETS and USERRA, please visit:


http://www.dol.gov/vets
http://www.dol.gov/VETS/programs/userra/USERRA_Private.pdf

 


Discrimination based on Disability

 

  • Section 504 of the Rehabilitation Act of 1973, as amended, prohibits discrimination against people with disabilities in programs the Commerce Department provides with financial assistance or conducts. The Commerce implementing regulations are 15 C.F.R. Part 8b, Prohibition of Discrimination Against the Handicapped in Federally Assisted Programs Operated by the Department of Commerce, and 15 C.F.R. Part 8c, Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Commerce.

 

  • Section 508 of the Rehabilitation Act of 1973, as amended, requires that Federal agencies' electronic and information technology (EIT) be accessible to persons with disabilities, including employees and members of the public. The law applies to all Federal agencies when they develop, procure, maintain, or use EIT. As amended in 1998, the law directed the Access Board to create binding, enforceable standards that spell out what makes EIT products accessible to persons with disabilities. Federal agencies must use these standards in all their EIT acquisitions. If a person with a disability discovers that a Federal agency has failed to comply with section 508, he or she can file an administrative complaint or a civil law suit. Complaints and lawsuits can only be filed against products that are procured. The complaint process is the same as that used for section 504. Individuals may also file a civil action against an agency.

Race, Color, and National Origin Discrimination

 

  • Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination against people due to their race, color, or national origin in the conduct of programs that receive Federal financial assistance. The Commerce implementing regulation is 15 C.F.R. Part 8a, Nondiscrimination in Federally-Assisted Programs of the Department of Commerce--Effectuation of Title VI of the Civil Rights Act of 1964.

 

Age Discrimination

 

  • The Age Discrimination Act. This statute makes it illegal to discriminate against people due to their age in the conduct of programs that receive Federal financial assistance. The Commerce implementing regulation is 15 C.F.R. Part 20, Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance.
  • Title IX of the Education Amendments of 1972, as amended. This statute makes it illegal to discriminate against people due to their gender in the conduct of educational programs that receive Federal financial assistance.
  • Complaints about race, color, national origin, age, sex, or disability discrimination involving recipients of Federal financial assistance: File your complaint with the Director, Office of Civil Rights, U.S. Department of Commerce, Room 6012, 14th Street and Constitution Avenue, NW, Washington, D.C. 20230. OCR staff are available to provide assistance with filing complaints by calling 202-482-4993 (V/TTY).
  • Complaints about disability discrimination in programs conducted by the Commerce Department and it's Bureaus: File your complaint with the Equal Employment Opportunity Officer of the Bureau conducting the program or the Director, Office of Civil Rights, at the above address. OCR staff are available to provide assistance with filing complaints by calling 202-482-4993 (V/TTY). 

Office of Civil Rights (OCR)
U.S. Department of Commerce

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Page last updated November 5, 2012