On February 17, 2009, the American Recovery and Reinvestment Act was signed into law, launching an unprecedented public investment in economic recovery—$787 billion. Clearly, an investment of this size should reflect and promote our shared American belief in equality. On the one-year anniversary of the stimulus, The Opportunity Agenda, Common Cause/NY, the National Council for Research on Women, and Community Voices Heard sent the letter appearing below to New York recipients of stimulus funds.
Recipients of federal stimulus funds are required to comply with a wide range of equal opportunity statutes and regulations. These laws prohibit activities that are discriminatory by intent or practice, based on race, ethnicity, gender, national origin, language ability, disability, or age.
By accepting stimulus money, these NY recipients became legally required to collect the data necessary to ensure that the actions they take expand opportunity for all.
Through our letter, we request a copy of the data they have gathered and the actions they have taken to meet these civil rights obligations. Agencies, organizations, and companies who provide us with this information by April 1, 2010, will be featured on the website, www.fairrecovery.org. If, however, these agencies, organizations, and companies fail to provide this information in a timely manner, the failure will be reported to federal enforcement bodies as potential evidence of a violation of federal law.
Through these letters, and the subsequent reports, we seek to ensure that stimulus funds are being spent in a manner that ensures equality and expands opportunity for everyone.
Dear [Public Official or CEO/Director]:
This letter requires your attention in connection with your legal obligations regarding equal opportunity in economic stimulus spending. We seek information regarding your [government body/company's] efforts to comply with such requirements.
Recipients of federal stimulus funds under the American Recovery and Reinvestment Act (ARRA) are required to comply with all applicable federal equal opportunity statutes and regulations governing fair employment, fair housing, equal educational opportunity, equitable procurement, and non-discrimination in federally funded programs. These laws prohibit practices and activities that are discriminatory by intent or discriminatory in practice, based on race, ethnicity, gender, national origin, language ability, disability, or age. In fact, the U.S. Department of Justice, through public filings, has recently noted and clarified these obligations (including, but not limited to, Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; and the Age Discrimination Act of 1975) (see also Appendix I).
The relevant statutes, regulations, and case law require ARRA fund recipients not only to avoid discriminatory actions, but also to take proactive steps to identify and avoid potentially discriminatory effects of federally funded projects, to ensure fair employment, to further fair housing, and to promote equal access to contracting opportunities (see, for example, Appendix II).
When it accepted ARRA funds for [stimulus project], your [government body or company] agreed to fulfill these obligations and, specifically, to [any specific language in the agreements?]. An important part of that legal obligation is reporting the actions you are taking to ensure compliance with these provisions, including the information on which those actions are based (see Appendix III for an illustrative example of Department of Transportation and Department of Housing and Urban Development reporting obligations and Appendix IV for specific reporting requirements under the ARRA).
As the upcoming quarterly deadline for the reporting of your [agency’s/company’s] use of ARRA funds approaches, your [agency/company] must compile and prepare to report on the specific steps it has taken to fulfill those obligations, including demographic and other relevant data documenting compliance. The information provided will be used to keep affected communities and the general public apprised of positive efforts to ensure an equitable economic recovery. Agencies, organizations, and companies who provide the required data to us by the quarterly deadline will be featured on the website, www.fairrecovery.org, as models of compliance. By contrast, upon request, failure to provide this information in a timely manner will be reported to federal enforcement bodies as potential evidence of a violation of federal law.
We hereby request that you provide a copy of demographic and other relevant information to us, at the address above by April 1, 2010, in a form that clearly identifies the policies you have in place and the data that documents the impact of stimulus funds on equal opportunity under applicable law.
Thank you for your cooperation. If you wish to discuss this matter further, please feel free to contact Juhu Thukral, Director of Law and Advocacy at The Opportunity Agenda, at jthukral@opportunityagenda.org, or at (212) 334-5332.
Sincerely,
Juhu Thukral, Esq.
Director of Law and Advocacy
The Opportunity AgendaSusan Lerner
Executive Director
Common Cause/NYLinda Basch
President
National Council for Research on WomenSondra Youdelman
Executive Director
Community Voices Heard
For the full letter, complete with the appendices, download this PDF.
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