2.1 Equal Opportunity Policy Statements
2.2 Overview of Federal Civil Rights Legislation
2.3 Terms Related to Civil Rights Compliance
2.4 Sexual Harassment Policy
2.5 Racial Harassment Policy
2.6 Discrimination Complaint Procedure
2.7 County and State Civil Rights Plans
2.8 State Statute for 4-H


2.1 Equal Opportunity Policy Statements

All Extension materials intended for public distribution must include the following statement:

Educational programs of Kentucky Cooperative Extension serve all people regardless of economic or social status and will not discriminate on the basis of race, color, ethnic origin, national origin, creed, religion, political belief, sex, sexual orientation, gender identity, gender expression, pregnancy, marital status, genetic information, age, veteran status, or physical or mental disability.

Letterhead, enclosure slips, and newsletters must also include the following "cooperating" statement:

UNIVERSITY OF KENTUCKY, KENTUCKY STATE UNIVERSITY, U.S. DEPARTMENT OF AGRICULTURE, AND KENTUCKY COUNTIES, COOPERATING

http://www.uky.edu/Home/Web/eo/statements.html

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2.2 Overview of Federal Civil Rights Legislation

Civil Rights laws require nondiscrimination in employment decisions and in the delivery of programs, services, or activities by any recipient of federal funds. It is not necessary to understand every aspect of these laws; however, it is necessary to become familiar with key components of the laws and terms that describe how we ensure compliance.

Title VI of the Civil Rights Act of 1964

Title VI of the Civil Rights Act of 1964 states that no person in the United States shall, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal funding.  In other words, our programs are open to all.  Complying with Title VI requires the Kentucky Cooperative Extension Service develop and maintain a data base that identifies eligible populations and monitors the extent to whom programs and services are delivered. Various court rulings have held that merely certifying that a nondiscriminatory policy is in effect is insufficient.  Positive, affirmative steps must be taken to assure participation by minorities and women.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964, prohibits discrimination in employment due to race, color, religion, sex, or national origin. Equal opportunity must be an integral part of personnel policy and practice including employment selection, training, advancement and treatment.  The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.  

Civil Rights Act of 1991

This act allows women, religious minorities and the disabled to seek monetary damages in cases of intentional discrimination.  It also made provisions for attorney fees and trial by jury.

Rehabilitation Act of 1973 and  ADA

The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 prohibit discrimination against individuals with disabilities.  The intention of both acts is to extend employment, services, and programs to citizens with disabilities.  This includes not only providing physical access for individuals with disabilities but also providing accommodations which would allow for full participation.  For Extension programs, this could include providing a sign language interpreter, materials in Braille, or an audio tape of written materials. A resource list for accommodating ADA request is available at http://psd.ca.uky.edu/affirmativeaction.

Age Discrimination

A number of federal laws address age discrimination.  These include Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act of 1967; as amended; the Equal Pay Act of 1963, as amended; and sections of 501 of the Rehabilitation Act of 1973, as amended.

Collectively, these acts protect employees or program participants who are age 40 or older from age-based discrimination.

Title IX

Title IX of the Education Amendments of 1972 prohibits sex discrimination against students and employees in federally assisted education programs or activities.

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2.3 Terms Related to Civil Rights Compliance

Affirmative Action

In programming, it should be a part of our day-to-day planning and delivery. It is the actions we take to ensure our programs are “serving all Kentuckians.” Affirmative actions or steps could include:

Evaluation of past participation in Extension programs and development of goals for reaching a more diverse audience.

  • Making sure advisory councils and planning committees are representative of the population of the county.
  • Holding meetings at various times and locations.
  • Utilizing assistance and advice of members of underrepresented groups.

Public Notification Plan

All staff will follow public notification procedures to insure that the public is aware of Extension's nondiscriminatory position.  Staff must:

  1. Display the nondiscriminatory poster And Justice for All.
  2. All stationary, newsletters, and news articles must contain the nondiscriminatory statement:  Educational programs of the Kentucky Cooperative Extension Service serve all people regardless of race, color, age, sex, religion, disability, or national origin.
  3. Promotional materials, photos, and other graphics will portray the diversity of Extension clientele.
  4. Extension cannot conduct programs with any organization or group that excludes any person because of race, color, national origin, sex, age, religion, or disability.
  5. All Extension-sponsored groups must sign a statement of nondiscrimination on an annual basis.

All Reasonable Efforts

All reasonable efforts” consist of a series of approaches that are required of Extension staff to solicit participation of the underrepresented group.  These are used in addition to affirmative action procedures, and are required when programs do not meet balanced participation requirements.  Some situations that call for "all reasonable efforts" include the following:  (a) an Extension sponsored or assisted group that does not reflect the racial composition of the target community, (b) advisory or decision-making groups that do not reflect the composition of the potential audience, and (c) program participation in which certain groups are consistently underrepresented.

It is the responsibility of each staff member to implement the steps necessary to attain the goal of balanced involvement in planning, membership, and participation.  Leaders in Extension-sponsored or assisted organizations must show good faith in regard to affirmative action to continue receiving Extension support.  Written records of letters, phone calls, and visits will be used as documentation that "all reasonable efforts" are being implemented.  A file of the documented efforts labeled “All Reasonable Efforts” will be kept in the office. The steps in "all reasonable efforts" must be repeated and documented until balanced participation is met and maintained.

 Examples of “all reasonable efforts” may include:

  1. Use media outlets that target the underrepresented group to announce programs and events.
  2. Develop announcements, flyers, and posters to be placed in locations frequented by the underrepresented group.
  3. Write personal letters to and contact members of the underrepresented group to encouraging their participation.
  4. Make personal contact with leaders from the underrepresented group to seek their assistance in encouraging participation.
  5. Seek assistance from other community groups in encouraging participation.

Parity of Participation

Parity of participation is reached when the percent distribution of participation by race and gender is proportionate to, or within reasonable limits of their respective percent distribution in the potential recipient audience/population This percent is a guide for us to evaluate our success in reaching a diverse audience and should be considered as a minimum goal.

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2.4 Sexual Harassment Policy

Sexual harassment is a form of sex discrimination and is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. It is the policy of the University of Kentucky that sexual harassment of students, faculty, and staff is prohibited. Complaints of sexual harassment will be treated and investigated in a timely manner with full regard to the University’s due process requirements. For more information about the University policy as well as the complaint procedures are available at http://www.uky.edu/EVPFA/EEO/.

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2.5 Racial Harassment Policy

Racial harassment is a violation of the Civil Rights Act of 1964 and University policy. The policy defines and describes harassing conduct on the basis of race, color, or national origin and prohibits University employees from engaging in racial harassment, retaliating against the complainant, or making false accusations. For more information about the University policy as well as the complaint procedures are available at http://www.uky.edu/EVPFA/EEO/.

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2.6 Discrimination Complaint Procedure

Complaint Procedure

Any employee who believes they have been discriminated against may seek resolution through a variety of paths. Discrimination may be reported to the Area Extenision Director or supervisor.   To file a  complaint of discrimination, contact Tim West, UK College of Agriculture, Food and Environment, 859-257-3879, Dr. Sonja Feist-Price or Terry Allen, UK Office of Institutional Equity and Equal Opportunity, 859-257-8927,or the USDA, Director Office of Civil Rights, Room 326-W Whitten Bldg., 14th & Independence Ave. SW, Washington, DC 20250-9410, 866-632-9992.

Agents will make the public aware of the complaint procedure by placing the following statement in their newsletters at least once per year.


 The College of Agriculture, Food and Environment is an Equal Opportunity Organization with respect to education and employment and authorization to provide research, education information and other services only to individuals and institutions that function without regard to economic or social status and will not discriminate on the bases of race, color, ethnic origin, creed, religion, political belief, sex, sexual orientation, gender identity, gender expression, pregnancy, marital status, genetic information, age, veteran status, or physical or mental disability.  Inquiries regarding compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments, Section 504 of the Rehabilitation Act and other related matter should be directed to Equal Opportunity Office, College of Agriculture, Food and Environment, University of Kentucky, Room S-105, Agriculture Science Building, North Lexington, Kentucky 40546. 

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2.7 County and State Civil Rights Plans

The Kentucky Cooperative Extension Service requires the development of comprehensive civil rights and affirmative action plans at the state and county levels. These written plans serve as guides for insuring equal opportunities in employment and Extension educational programs. Affirmative action plans are written at the county level in conjunction with the Plan of Work. More information regarding county affirmative action plans can be found at http://psd.ca.uky.edu/content/civil-rights. Every staff member is expected to exhibit a strong commitment to implementing civil rights strategies at the county and state levels.

The Cooperative Extension Service will conduct ongoing training to assist staff in developing plans to reach affirmative action goals. Periodic county program reviews will include evaluation of civil rights and affirmative action compliance.

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2.8 State Statute for 4-H

Traditionally there has been a very close working relationship between the Kentucky 4-H program and Kentucky’s elementary and secondary school systems. The following state statute gives endorsement to the educational values of 4-H programs:

KRS 159.035. Be it enacted by the General Assembly of Kentucky: Anything in the statutes of the Commonwealth to the contrary notwithstanding, all pupils in the schools of the State who are enrolled in a properly organized 4-H club shall be considered present at school for all purposes when participating in regularly scheduled 4-H club educational activities, provided the student is accompanied by or under the supervision of a County Extension Agent or the designated 4-H club leader for the 4-H club educational activities participated in.

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