Policy – AmeriCorps: Non-Harassment and Civil Rights

AmeriCorps released their Civil Rights policy on March 18, 2021. This information must be included in all Member Service Agreements. All Subgrantees must create their own Civil Rights Policy to include in their Member Service Agreement.

As with all federal grant programs, you must ensure that your programs or activities, including those of any subgrantees, will be conducted, and facilities operated, in compliance with the applicable civil rights statutes and their implementing regulations. You must obtain assurances of such compliance prior to
extending federal financial assistance to subgrantees. For civil rights purposes, all programs and projects funded or receiving service members under the National and Community Service Act, as amended, are programs or activities receiving federal financial assistance.

Please review and refer to the following Civil Rights/Equal Opportunity policies and guidelines:

GRANT PROGRAM CIVIL RIGHTS POLICY

AmeriCorps (the Corporation for National and Community Service adopted the operating name “AmeriCorps” as of September 29, 2020) has zero tolerance for unlawful harassment of any individual or group of individuals engaged in national service. AmeriCorps is committed to treating all persons with dignity and respect. Our agency prohibits all forms of discrimination and harassment based on race, color, national origin, gender, age (40 and over), religion, sexual orientation, disability (mental or physical), gender identity or expression, political affiliation, marital or parental status, pregnancy, reprisal, genetic
information (including family medical history), or military service. All programs administered by or receiving federal financial assistance from AmeriCorps must be free from all forms of discrimination and harassment.

Harassment may include slurs and other verbal or physical conduct relating to an individual’s gender, race, ethnicity, religion, sexual orientation, or any other legally-protected status when such behavior has the purpose or effect of interfering with service performance or creating an intimidating, hostile, or offensive service environment. Examples of harassing conduct include but are not limited to: explicit or implicit demands for sexual favors; pressure to engage in a romantic relationship or for dates; deliberate touching of another person without consent, leaning over, or cornering a person; repeated offensive teasing, jokes, remarks, or questions; unwanted letters, emails, or phone calls; distribution or display of offensive materials; offensive looks or gestures; gender, racial, ethnic, or religious baiting; physical assaults or other threatening behavior; and demeaning, debasing, or abusive comments or actions that intimidate.

AmeriCorps does not tolerate harassment from anyone, including any AmeriCorps employee or supervisor; a project or site employee or supervisor; a non-employee (e.g., client); a co-worker; a national service participant. Any discrimination or harassment, when identified, will result in immediate corrective action, up to and including, removal or termination of any individual engaging in such misconduct.

All recipients receiving AmeriCorps financial or volunteer assistance, including individuals, organizations, programs, and/or projects are subject to this zero-tolerance policy. Recipients must take immediate corrective action to investigate and rectify any complaints of any discrimination or harassment. Any AmeriCorps awardee permitting discrimination or harassment in violation of this policy will be subject to a finding of non-compliance, which may result in termination of federal financial assistance.

Harassment based on upon race, color, national origin, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, pregnancy, reprisal, genetic information, or military service is unacceptable in AmeriCorps’ offices or campuses, in other service-related settings such as training sessions or service sites, and at service-related social events. I expect supervisors and managers of AmeriCorps programs and projects, when made aware of alleged discrimination or harassment by employees, national service participants, or any other individuals, to investigate and take prompt action to effectively address any discrimination or harassment. AmeriCorps prohibits any retaliatory action against a person who raises any discrimination or harassment concerns.

If you believe you have been discriminated against in violation of any civil rights laws, regulations, or this policy, or have been subject to retaliation for opposing discrimination or participating in discrimination complaint proceedings (e.g., as a complainant or witness) in any AmeriCorps program or project, contact the AmeriCorps Equal Opportunity Program (EOP). The EOP may be reached at (202) 606-7503 or eo@cns.gov.

The EOP manages national service participant civil rights and harassment concerns. You must contact the EOP within 45 calendar days of an occurrence of discrimination or harassing conduct. You are not required to use a program, project, or sponsor dispute resolution procedure before contacting the EOP. If you choose to pursue another dispute resolution procedure, it does not suspend the 45-day time limit requirement to contact the EOP. Discrimination and harassment claims brought to the attention of the EOP outside 45 calendar days of an occurrence may not be accepted for investigation in a formal complaint of discrimination.

NON-HARASSMENT GUIDELINES

Our policy is to provide work and service environments free from sexual, racial, national origin, or religious harassment.

Whether in the AmeriCorps offices or campuses, in other work- or service-related settings such as service sites, training sessions, or work- or social-related social events, such harassment is unacceptable and will not be tolerated.

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors or any verbal, physical or graphic conduct of a sexual nature constitute sexual harassment when:

Submission is explicitly or implicitly a term or condition of employment or service;
Submission or rejection is a basis for work or service decisions; or
The conduct has the purpose or effect of unreasonably interfering with work or service performance or creating an intimidating, hostile or offensive work or service environment.

Racial, National Origin or Religious Harassment

Slurs and other verbal or physical conduct relating race, national origin or religion also constitute harassment when that conduct’s purpose or effect is to interfere with work or service performance or create an intimidating, hostile, or offensive work or service environment.

The Key to Harassment is the Conduct is Unwelcome

Sexual harassment includes, but is not limited to, unwelcome conduct such as:

Explicit or implicit demands for sexual favors in return for service or employment benefits
Letters, phone calls, or distribution or display of sexual materials
Physical sexual assaults
Deliberate touching, leaning over, cornering or pinching
Sexually suggestive looks/gestures
Pressure for sexual favors or dates
Sexual teasing, jokes, remarks or questions

The harasser must be told or notified the conduct is unwelcome. Saying “No” or “I’m not interested” is sufficient notification. Notification may be made by the victim or management. If the conduct continues, it becomes sexual harassment.

Harassment Applies to Conduct:

By persons of the same or different races, sexes, religions, or ethnic origins
By a victim’s supervisor or a supervisor who does not supervise him or her
By an AmeriCorps employee or agent, or a project’s or site’s supervisor, employee or agent
By a non-employee (e.g., client), a co-worker or service member

Harassing conduct need not be directed at the victim. Conduct directed at another may create an offensive environment for co-workers. Sexual harassment includes giving favorable treatment to those who grant sexual favors.

A man may be the victim of sexual harassment. A woman may be a sexual harasser. The victim and harasser may be of the same sex. No economic loss is required for harassment to exist.

Management Responsibilities

take immediate action to prevent or stop any harassment of employees, service members, or clients.
ubject any AmeriCorps employee who violates this policy, or asserts a false claim of harassment with a malicious intent, to appropriate disciplinary action, up to and including termination.
subject any project which permits prohibited harassment to a finding of noncompliance and administrative procedures, which may result in termination of federal financial assistance from AmeriCorps and all other federal agencies.

Employee and Service Member’s Responsibilities

ensure his or her conduct does not subject another person to any form of prohibited harassment.
put the harasser or management on notice when subjected to harassing conduct.

Claims of Harassment

AmeriCorps encourages, but does not require, persons to first bring harassment concerns to appropriate department or project personnel. Management should facilitate prompt resolution of these concerns.

At any time, persons who believe they have been subjected to harassment in violation of non-harassment provisions of applicable laws, regulations or this policy may raise their concern claim with the AmeriCorps Agency’s Equal Employment Opportunity Office (EEPO). However, claims not brought to EEOP within 45 days of occurrence may not be accepted in a formal complaint of discrimination.

AmeriCorps does not retaliate, or tolerate any attempt at retaliation, against a person who raises harassment concerns in good faith.

EEOP may be reached at:
(202) 606-7503 (voice), (202) 606-3472 (TTY), eo@cns.gov, or through www.nationalservice.gov.

CIVIL RIGHTS GUIDELINES FOR GRANTEES ON ACCEPTABLE INTERVIEW QUESTIONS

Interview or application questions which are not directly position-related are oftentimes considered direct evidence of discrimination (but there is no problem requesting necessary information after the selection process is complete and a job offer has been made).

To avoid possible liability, it is always advisable to avoid certain types of questions, because if a manager does not have information available during the selection process, he or she can always legitimately say the selection was not based on that information.

Questions that do not directly address the applicant’s ability to perform the essential duties of the position, include the following:

Questions about marital status (including preferred forms of address).
Questions about children (including ages of children, child care arrangements, pregnancy, or future family planning).
Questions about the ability to work overtime or to travel, as it relates to dependents or family life (but a grantee may describe requirements for overtime or travel and ask if the applicant foresees any problem fulfilling the duties).
Questions about disability or medical conditions – these can be tricky, so some examples are set forth below:

Non-Disability-Related Questions

Can you perform the essential functions of the job, with or without reasonable accommodation?
Describe/demonstrate how you would perform the job functions.
Do you have a cold? How did you break your leg?
Can you meet the attendance requirements? The travel requirements?
Do you illegally use drugs?
Disability-Related Questions (DO NOT ask at interviews):
Can you perform marginal functions of the job?
Do you have AIDS? Asthma?
Do you have a disability which would interfere with your performing the job?
How many days were you sick last year?
Ever filed for worker’s compensation?
Ever treated for alcohol problems? Substance abuse problems?
Ever treated for mental health problems?
What prescription drugs do you take?

Medical Condition or Disability Issues

A grantee may ask about an applicant’s ability to meet the essential functions of the position, with or without reasonable accommodation, or to fulfill bona fide medical qualification requirements. Essential functions are the minimum abilities necessary for safe and efficient performing of the duties of the position.

Care must be exercised, however, in asking such questions because, unless an accommodation constitutes an undue financial or administrative burden or fundamentally alters the nature of the program or activity (and these are very high standards to meet), the need for — or cost of – an accommodation may not influence a selection decision.

Only if the disability endangers the health and safety of others or if performing the essential functions endangers the health and safety of the applicant is it acceptable to exclude a disabled applicant. Persons with contagious diseases (e.g., tuberculosis) which are in remission may not be passed over for selection based on their disability if they can perform the essential functions of the position. Further, all HIV-positive persons are persons with disabilities, and not selecting an applicant solely on the basis of this illness is discrimination.

Medical Examinations

Nothing prohibits a grantee from conditioning an offer of service on the results of a medical examination conducted prior to the person’s entrance on duty, provided that all entering persons are subjected to such an examination regardless of disability and the results of such an examination are used only in accordance with these guidelines.

Records Maintenance

Medical information on an applicant or service member must be collected and maintained as confidential medical records. The only authorized disclosures are to:

selecting officials (if eligible under a special appointing authority) or officials responsible for affirmative action;
Supervisors and managers (regarding any restrictions on the duties or needed accommodations);
First aid and safety personnel (if the condition might require emergency treatment); and
Government officials investigating compliance with laws, regulations, and instructions relevant to equal opportunity and affirmative action for individuals with disabilities.

Statistics generated from information obtained may also be used to manage, evaluate, and report on equal opportunity and affirmative action programs.