U.S. Department of the Treasury

Office of Civil Rights 

and Equal Employment Opportunity 

Information for Department of 

the Treasury Recipients of Financial Assistance

May 2022

CIVIL 

RIGHTS 

TOOLKIT

CIVIL RIGHTS TOOLKIT 1

U.S. DEPARTMENT OF THE TREASURY

Office of Civil Rights and 

Equal Employment Opportunity (OCRE)

CIVIL RIGHTS TOOLKIT

Information for Department of 

the Treasury Recipients of Financial Assistance
“Simple justice requires that public funds, to which all taxpayers 

of all races contribute, not be spent in any fashion which encourages, 

entrenches, subsidizes, or results in racial discrimination.”

– President John F. Kennedy
CIVIL RIGHTS TOOLKIT 3

Table of Contents

Subject Page 

Introduction ............................................................................................1

Office of Civil Rights and Equal Employment Opportunity ...........................1

General Requirements ..............................................................................2

Treasury Civil Rights Regulations....................................................................... 3

Federal Financial Assistance............................................................................... 3

Assurances of Compliance.................................................................................. 3

Reports, Data, and Records ................................................................................ 3

Ensuring Subrecipient Compliance.................................................................... 4

Nondiscrimination Notice Requirements .......................................................... 5

Sample Nondiscrimination Statement.............................................................. 5

Notice to Limited English Proficient Persons .................................................... 5

Notice to Employees ........................................................................................... 5

Community Outreach ...............................................................................5

Enforcement of Civil Rights Laws...............................................................6

Complaint and Investigation Process ................................................................ 7

Compliance Reviews........................................................................................... 8

Limited English Proficiency (LEP) – National Origin Discrimination ..............8 

Treasury Title VI LEP Guidance........................................................................... 8

Written Language Assistance Plan ..................................................................... 9

Accessibility for Persons with Disabilities...................................................9

Reasonable Modifications for Individuals with Disabilities .............................. 9

Program Access ................................................................................................... 10

New Construction and Alterations ..................................................................... 10

Existing Facilities................................................................................................. 10

Effective Communication ................................................................................... 11

Self-Evaluation.................................................................................................... 11

Interaction Between the Americans with Disabilities Act, 

Section 504, and the Fair Housing Act ............................................................... 11

Housing Programs....................................................................................12

Additional Information and Technical Assistance ........................................13

CIVIL RIGHTS TOOLKIT
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How to Contact OCRE

Write to: U.S. Department of the Treasury, Director, Office of Civil Rights and Equal Employment Opportunity, 

1500 Pennsylvania Ave., N.W., Washington, D.C. 20220

Phone: (202) 622-1160 | Fax: (202) 622-0367 | Email: OCRE.comments@treasury.gov

Deaf and hard of hearing callers can dial 711 to call the OCRE phone number using the Federal 

Communications Commission (FCC) Telecommunications Relay Service program. 
CIVIL RIGHTS TOOLKIT 1

Introduction

This toolkit has been designed for recipients of federal financial assistance from the Department of the 

Treasury (Department or Treasury) to assist them in operating a program or activity that meets federal 

nondiscrimination requirements, and decreases the potential for a discrimination complaint and a 

subsequent investigation by the Department. 

An entity receiving any type or amount of federal financial assistance from Treasury (recipient) is required 

to abide by:

•	 Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. §§ 2000d-2000d-7;

•	 Title IX of the Education Amendments Act of 1972 (Title IX), 20 U.S.C. §§1681-1688;

•	 Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. §794;

•	 Age Discrimination Act of 1975, 42 U.S.C. §610 et seq.; and the

•	 Fair Housing Act (FHA), Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §§ 3601 et seq.

This toolkit is not an attempt to provide legal advice, but a guide to provide an overview of the most 

common civil rights compliance matters. A recipient should be prepared to handle these considerations. 

Although this toolkit attempts to provide guidance about several applicable requirements, additional 

requirements may apply. 1 

Office of Civil Rights and Equal Employment Opportunity 

The Department of the Treasury Office of Civil Rights and Equal Employment Opportunity (OCRE) 

develops policy and guidance to carry out the Department’s equal opportunity and civil rights 

responsibilities, including the management of the Department’s civil rights program. OCRE external 

civil rights staff is available to assist the Department’s recipients in addressing their civil rights 

responsibilities. 

1 There are other civil rights statutes that may apply to a particular recipient. For example, the states have to comply with 

Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq. This list includes the statutes the Department of the 

Treasury has a responsibility to enforce for its recipients of financial assistance.
2 CIVIL RIGHTS TOOLKIT

General Requirements

The primary federal statutes recipients and covered entities must comply with are:

•	 Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. §§ 2000d –2000d7 – prohibits discrimination 

based on race, color, and national origin

•	 Age Discrimination Act of 1975, 42 U.S.C. §6101-6107 et seq. – prohibits discrimination based on age

•	 Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§1681- 1688 – prohibits discrimination 

based on sex in educational programs

•	 Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 – prohibits discrimination based on 

disability

•	 Fair Housing Act, Title VIII of the Civil Rights Act of 1968. 42 U.S.C. §§ 3601 et seq. – prohibits 

discrimination based on race, color, national origin, religion, sex, familial status (having one or more 

children under 18) and disability. 

Requirements Overview

Title VI states that no person in the United States shall, on the ground of race, color, or 

national origin (including limited English proficiency), be excluded from participation 

in, be denied the benefits of, or be subjected to discrimination under any program or 

activity receiving federal financial assistance.

The Age Discrimination Act states that no person in the United States shall, on the basis 

of age, be excluded from participation in, be denied the benefits of, or be subjected to 

discrimination under any program or activity receiving federal financial assistance.

Title IX states that no person in the United States shall, on the basis of sex, be excluded 

from participation in, be denied the benefits of, or be subjected to discrimination under 

any education program or activity receiving federal financial assistance.

Section 504 states that no otherwise qualified individual with a disability in the United 

States shall, solely by reason of her or his disability, be excluded from the participation 

in, be denied the benefits of, or be subjected to discrimination under any program or 

activity receiving federal financial assistance.

The Fair Housing Act prohibits discrimination because of race, color, national origin, 

religion, sex, familial status (having one or more children under 18), and disability. It 

is illegal to discriminate in the sale or rental of housing, including against individuals 

seeking a mortgage or housing assistance, or to discriminate in other housing-related 

services or activities.
CIVIL RIGHTS TOOLKIT 3

Treasury Civil Rights Regulations

•	 Title VI - Nondiscrimination on the Basis of Race, Color, or National Origin in Programs or Activities 

Receiving Federal Financial Assistance from the Department of the Treasury, 31 CFR Part 22

•	 Title IX - Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal 

Financial Assistance, 31 CFR Part 28

•	 Age Discrimination Act - Nondiscrimination on the Basis of Age in Programs and Activities Receiving 

Federal Financial Assistance from the Department of the Treasury, 31 CFR Part 23

Federal Financial Assistance

Treasury civil rights regulations define the term federal financial assistance to include more than money. 

It includes the provision of valuable services, detail of federal personnel, donation of federal property and 

interest in property, sale and lease of, and permission to use federal property at little or no cost, and any 

other federal agreement, arrangement or other contract, which has as one of its purposes the provision 

of assistance. Once the federal financial assistance is provided, nondiscrimination requirements apply to 

all of the operations of the entity to which the assistance is extended.

Assurances of Compliance

Treasury requires all applications for federal financial assistance to include an assurance agreement. 

Treasury recipients will be asked to provide an assurance of nondiscrimination as part of their 

application package. The application package will contain the assurance agreement applicable to the 

program.

Reports, Data and Records

The Department of the Treasury conducts pre-award and post-award compliance reviews of its recipients 

to assess compliance with Title VI and Section 504.

The Department’s recipients are required to collect demographic data showing the extent to which 

members of minority groups are beneficiaries of the recipient’s programs (31 CFR § 22.6). Recipients 

are also required to provide the Department access to its books, records, accounts, etc., to ascertain 

compliance with Title VI. 

The Department recommends that recipients collect the following:

•	 Data on present/proposed membership by race, color, and national origin on any planning or advisory 

body that is an integral part of the recipient’s programs or activities.

•	 Data regarding covered employment and use of bilingual employees serving beneficiaries unable to 

speak or understand English.

•	 Sufficient data on existing or proposed facilities to determine whether the location has or will have the 

effect of unnecessarily denying access to any person based on prohibited discrimination.
4 CIVIL RIGHTS TOOLKIT

Ensuring Subrecipient Compliance 

All recipients of federal financial assistance have a responsibility to monitor their subrecipients to ensure 

the subrecipients comply with the federal civil rights laws that are applicable to recipients of federal 

financial assistance. Using an Assurance Agreement with the subrecipients will ensure they are informed 

about the requirements and will provide a method of ensuring compliance.

It is useful to request subrecipients provide a narrative description of the written policies or procedures 

to comply with the civil rights requirements and for addressing complaints alleging discrimination from 

employees and clients, customers, or program participants. 

Desirable compliance elements include the following:

•	 Designating a coordinator who is responsible for overseeing the complaint process;

•	 Notifying employees and subrecipients of prohibited discrimination responsibilities in the programs 

and activities and procedures for handling discrimination complaints;

•	 Establishing written procedures for receiving discrimination complaints from employees and clients, 

customers, or program participants (as applicable);

•	 Investigating each complaint internally and referring each complaint to the appropriate agency 

for investigation and resolution, such as the U.S. Equal Employment Opportunity Commission for 

employment discrimination complaints, or the Office for Civil Rights and Diversity (OCRE) for program 

discrimination complaints. If the complaint is referred to the OCRE for investigation, OCRE will work 

with the recipient and subrecipient to resolve the complaint;

•	 Notifying the complainant that he/she may also file a complaint with the OCRE by submitting a written 

complaint to the following address: U.S. Department of the Treasury, Office of Civil Rights and Equal 

Employment Opportunity , 1500 Pennsylvania Ave. N.W., Washington, DC 20220.

•	 Training staff periodically on their responsibility to refer discrimination complaints, or potential 

discrimination issues for processing as soon as the alleged discrimination comes to their attention;

•	 Ensuring that subrecipients have procedures in place for responding to discrimination complaints that 

employees, and clients, customers, and program participants file directly with the subrecipient; and

•	 Using Civil Rights Compliance Checklists and providing a copy of them to the subrecipients. Recipients 

may want to use checklists during audits or onsite monitoring.

Nondiscrimination Notice Requirements

The Department’s regulations require recipients to notify the program beneficiaries of the 

nondiscrimination protections available to them. 31 CFR § 22.6. Recipients must include information 

about nondiscrimination requirements, complaint procedures, and the rights of beneficiaries in 

handbooks, manuals, pamphlets and other material which are ordinarily distributed to the public 

to describe the program and the requirements for participation by recipients and beneficiaries. The 

nondiscrimination statement shall be in all public information materials distributed by the recipient. In 

addition, a written notice shall be posted at the recipient’s facility or websites.
CIVIL RIGHTS TOOLKIT 5

Sample Nondiscrimination Statement

“In accordance with federal law and U.S. Department of the Treasury policy, this 

institution is prohibited from discriminating based on race, color, national origin, sex, age, 

or disability. Submit a complaint of discrimination, by mail to U.S. Department of the 

Treasury, Office of Civil Rights and Equal Employment Opportunity , 1500 Pennsylvania 

Ave. N.W., Washington, D.C. 20220, (202) 622-1160 (phone), (202) 622-0367 (fax), or email 

crcomplaints@treasury.gov (email).”

Notice to Limited English Proficient (LEP) Persons

Recipients shall take reasonable steps to ensure that individuals with limited English proficiency have 

meaningful access to program information and services.

Notice to Employees

One of the best ways to ensure a recipient organization is compliant with civil rights requirements 

is to ensure that frontline employees who come in contact with the public know how to implement 

the organization’s equal opportunity and nondiscrimination policy. Ideally, the organization’s 

regular training program will include information about its nondiscrimination policy. In addition, the 

organization can provide job aids, advisory memos, or letters to its employees to help them know how 

to address situations they may encounter when assisting customers with disabilities or who are limited 

English proficient. 

Community Outreach

Outreach to the service area population can ensure the successful implementation of a recipient’s 

program, as well as ensuring the program is offering equal opportunity. Effective outreach efforts will 

ensure that eligible populations in the service area know about the program and can apply to participate.

When a recipient collects program participation data based on demographic characteristics, the recipient 

will have an advantage when planning how to use its outreach resources. An advantage of monitoring 

the participation of different demographic groups in a recipient’s program is that the organization will 

be able to determine what groups in the area are not participating in proportion to the population 

data. Having participation rate data will allow a recipient to direct outreach resources to the under 

participating populations ensuring they have knowledge about the program.

Some best outreach practices include:

•	 Consciously planning the outreach efforts using data.

•	 Partnering with other like-minded organizations serving the area or the populations the recipient 

wants to reach.
6 CIVIL RIGHTS TOOLKIT

•	 Using media followed by the minority population in the service area.

•	 Using spokespersons from the communities the recipient wants to reach.

•	 Participating in or sponsoring community events.

•	 Undertaking outreach efforts to ensure that LEP individuals are aware of the availability of language 

assistance services free of charge (e.g., post signs in the regularly encountered languages in waiting 

areas and initial points of entry, translate application and instructional forms, include statements 

about free language assistance services in publications for public distribution).

Partnering with like-minded organizations can provide new avenues of communication, can increase 

the credibility of a recipient’s message by having a unified community voice, and can provide savings by 

avoiding duplicative efforts. For an effective partnership, a recipient can determine what populations 

their organization will reach through the partnership, and then select possible partners that will reach 

the target audience. Brainstorming about other potential partners in the service area and talking to the 

program beneficiaries can help a recipient to identify potential partners. When contacting the potential 

partners, a recipient should be prepared to present the benefits of the partnership for both organizations. 

Formalizing the partnership to cover the logistical details and setting common goals can also ensure the 

success of the initiative.

Media Outreach can take many forms, from providing draft articles, suggesting a story to a reporter 

to formal press releases. A recipient may have a newsworthy story to share, such as the launch of a 

new program or initiative, a new outreach effort or a new community partnership. Other ideas for 

newsworthy items include identifying persons who the media can interview, including persons who can 

provide testimonials with a human-interest angle. When planning for media outreach, do not disregard 

small media outlets, such as local cable access TV stations, community newspapers, and local parenting 

magazines, underserved minority media, and social media platforms.

Enforcement of Civil Rights Laws

Under the applicable federal civil rights statutes, any individual in the United States who believes he or 

she was discriminated against because of his or her race, color or national origin, age, sex, or disability, 

can file an administrative complaint or file a civil action in an appropriate court of law seeking redress. 

An individual may also file a complaint if they believe they were discriminated against in relation to 

housing because of their familial status or religion. Filing an administrative complaint is generally not 

required before filing a civil action in a court. 

In the administrative process, the Department will investigate the allegations and issue a final decision 

on the merits of the complaint. If discrimination is found, the Department will order adequate relief to 

address the noncompliance. 
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Complaint and Investigation Process

The Department of the Treasury is required to review and investigate any complaint alleging a violation 

of Title VI, Section 504, Title IX, and the Age Discrimination Act. To conduct the investigation, the 

Department will:

•	 receive and review the complaint,

•	 determine jurisdiction and identify the issues,

•	 determine approaches to complaint resolution,

•	 prepare a report of investigation,

•	 issue letters of findings and resolution,

•	 prepare and issue settlement agreements; and

•	 monitor the resolution of issues in a settlement agreement.

When a recipient receives a complaint alleging discrimination because of race, color, national origin, 

age, sex, disability, the recipient should forward that complaint to OCRE. We highly recommend that the 

recipient immediately investigate the complaint and attempt early resolution. A prompt investigation 

and response may resolve the issue to the satisfaction of the complainant and avoid a formal 

investigation by OCRE.

Once OCRE receives a complaint, it will determine jurisdiction based on the status of funding or 

assistance, timeliness of the complaint, and whether the allegations are covered by a law providing 

the Department enforcement authority. If the Department has jurisdiction, the investigation process 

will begin, and the recipient and the complainant will be notified. If the complainant withdraws the 

complaint or is not interested in participating in the investigation, the Department will examine the 

allegations and decide on whether the complaint should be closed.

During the investigation, OCRE will review past civil rights compliance reviews, and the status of 

assurances. OCRE will also look at participation data. The investigation may include information 

requests, interviews and/or site visits. Investigations vary depending on the allegations and the 

complexity of the issue. OCRE may also attempt to informally resolve the complaint.

After the investigation is complete, OCRE will write an investigative report and the parties will be notified 

of the result. If necessary, steps will be taken to remedy any determination of discrimination and/or 

noncompliance.

For complaints alleging discrimination in a housing program, the Department of the Treasury will 

coordinate its response and investigation with the U.S. Department of Justice and the U.S. Department of 

Housing and Urban Development.
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Compliance Reviews

The Department of the Treasury conducts compliance reviews of its recipients. The pre- and post-award 

compliance reviews verify compliance with the civil rights regulatory requirements. If a compliance 

concern is discovered, the Department will work with the recipient to correct the noncompliance. If 

voluntary compliance cannot be achieved, the Department can defer action on an application for 

assistance, issue a cautionary letter, deny funding, or refer the matter to the Department of Justice for 

other action as authorized by law, i.e., a lawsuit.

Examples of information the Department will review during a compliance review, include the following:2

•	 Composition of non-elected boards, councils or committees that are an integral part of planning or 

implementing the program or activities. 

•	 Are public announcements published and announced in general and minority newspapers and 

broadcast media? Do such announcements state that discrimination in the program or activity is 

prohibited? 

•	 Does the recipient conduct outreach by making direct contact with minority community organizations 

and/or leaders in service areas and seek their participation in the decision-making process?

•	 Does the recipient publish notices in other languages when a significant number/proportion of the 

affected community needs information in a non-English language to be effectively informed of or to 

participate in the program or activity? Does the recipient take any other reasonable steps, including 

furnishing an interpreter?

•	 Data on existing or proposed facilities to determine whether the location has or will have the effect of 

unnecessarily denying access to any person based on prohibited discrimination.

Limited English Proficiency (LEP) - National Origin Discrimination

The language spoken by an individual is considered a characteristic of their national origin. Under Title 

VI, recipients must address the language needs of LEP persons to ensure their meaningful participation in 

a program or activity.

Treasury Title VI LEP Guidance 

The Department of the Treasury Guidance to Federal Financial Assistance Recipients 

Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited 

English Proficient Persons (LEP Guidance) was issued on February 4, 2005.3 The LEP 

Guidance provides a structure through which these various aspects of a program or activity 

can be consistently evaluated. The LEP Guidance incorporates “reasonableness” as its 

guiding principle. When investigating allegations of noncompliance, the Department will 

review the totality of circumstances to determine whether LEP persons have meaningful 

access to participate effectively in the assisted program or activity.

2 28 C.F.R. § 42.406, 31 C.F.R. § 22.6.

3 Federal Register, Vol. 70, No. 23, page 6067.
CIVIL RIGHTS TOOLKIT 9

Written Language Assistance Plan

Recipients should consider developing a Language Assistance Plan (LAP) to address the identified 

needs of the LEP populations they serve. An effective LAP will include policies/procedures for assessing 

the LEP language needs, provision of a range of written translation and oral interpretation services to 

ensure meaningful communications with LEP individuals, periodic staff training, and monitoring of the 

program. All employees likely to have contact with LEP persons should also be periodically trained on 

the LEP policy, how to access language services, how to work effectively with in-person and telephone 

interpreters, and cultural and community relations sensitivity.

Regular monitoring of the implementation of an organization’s language plan can ensure meaningful 

access to programs or activities by LEP individuals. Monitoring may include assessing: current LEP 

demographics; current LEP communication needs; resource support of recipient’s plan; success at 

meeting the needs of persons with LEP; knowledge level of staff; current viability of translation sources 

being used; and number of complaints, etc.

Accessibility for Persons with Disabilities

People with disabilities must have an equal opportunity to benefit from Treasury funded programs and 

services. This means that:

•	 Recipients must offer reasonable modifications as necessary to ensure that people with disabilities 

may fully and equally participate in and benefit from recipients’ programs and services.

•	 Treasury funded programs should be readily accessible to persons with disabilities. 

•	 Recipients must ensure that communication with people with disabilities is as effective as 

communication with people without disabilities. This includes providing auxiliary aids and services 

when necessary. 

Reasonable Modifications for Individuals with Disabilities

Section 504 requires recipients to make reasonable modifications to policies, practices, or procedures 

when the modifications are necessary to avoid discrimination on the basis of disability. 

Recipients do not need to make modifications that would fundamentally alter the nature of services, 

programs, or activities. In addition, recipients do not need to make modifications that would impose an 

undue administrative or financial burden on the operations of recipients’ programs or activities. 

Recipients should notify persons with a disability that reasonable modifications are available and how 

to request a modification. Recipients should have procedures to receive and respond to requests for a 

modification. Ideally, the program is readily accessible to individuals with disabilities. However, persons 

with disabilities have different needs even when they have the same disability. Review every request 

for a modification individually. Establish a line of communication with the individual requesting the 

modification.
10 CIVIL RIGHTS TOOLKIT

When providing a modification, recipients should take into consideration the request presented by the 

individual. However, recipients are not required to provide a modification that is not reasonable, and 

recipients can provide a different modification so long as it would not result in discrimination against the 

person with a disability.

Programs that provide special benefits to people with disabilities are permitted, but people with 

disabilities cannot be compelled to participate in those programs. Even if separate programs are 

provided for persons with disabilities, the regular program may still be required to provide reasonable 

modifications.

Program Access

A recipient may not exclude individuals with disabilities from their services, programs, or activities 

because the recipient’s buildings are inaccessible. A recipient must operate each service, program, or 

activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and 

usable by individuals with disabilities.

New Construction and Alterations

New facilities must be designed and constructed to be readily accessible to and usable by persons with 

disabilities. Alterations to existing facilities, to the maximum extent feasible, must be designed and 

constructed to be readily accessible to and usable by persons with disabilities. 

If the recipient’s buildings or facilities are built, altered, or leased with federal funds, those facilities 

should comply with the Architectural Barriers Act of 1968 (ABA), 42 U.S.C. §§ 4151 et seq. A recipient can 

determine if its facility is accessible by assessing whether the building features meet the measurements, 

and design guidelines, as they appear in the Architectural Barriers Act Standards. The standards are 

developed for use by federal agencies and recipients of federal funds by the U.S. Access Board.

To find the Architectural Barriers Act Standards, visit the U.S. Access Board website at: 

http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-abastandards/aba-standards

Existing Facilities

A recipient is not required to make structural changes in existing facilities where other methods are 

effective in providing persons with disabilities access to its services, programs, or activities. For example, 

recipients may consider placing commonly used program materials in an area that is easily accessible 

to persons with disabilities upon entry to the existing facility so that recipients’ services, programs, 

or activities are readily accessible to and usable by people with disabilities. In choosing among other 

methods, priority must be given to those that offer programs in the most integrated setting. 
CIVIL RIGHTS TOOLKIT 11

Recipients are not required to take any action that would result in a fundamental alteration in the nature 

of the service, program, or activity offered or in an undue financial or administrative burden. New 

construction and alterations to existing facilities must be made accessible and usable by persons with 

disabilities except where structurally impracticable.

If the recipient’s building is not accessible, the recipient can still comply by developing a plan to offer 

services in another location that is accessible to persons with disabilities. However, if a recipient offers 

the program at an alternative site, the services, programs, and activities must be readily accessible and 

usable by people with disabilities. Recipients should strive to offer the program in the most integrated 

setting possible. Program providers must ensure that programs and services are provided in the least 

restrictive environment, unless separate or different measures are necessary to ensure equal opportunity 

for individuals with disabilities. 

Effective Communication

Recipients must ensure that communications with people with disabilities are equally effective as 

communications with people who do not have disabilities. 

Recipients must provide people with disabilities with auxiliary aids and services if necessary, to 

ensure effective communication, but are not required to provide aids or services that would cause a 

fundamental alteration in the recipient’s programs, services, or activities or that would result in undue 

financial or administrative burdens. However, recipients must still provide another aid or service to 

ensure that, to the maximum extent possible, the person with a disability receives the benefits or services 

provided by the recipient. 

Self-evaluation

In accordance with the DOJ coordinating regulations, the Treasury implementing regulations (will be 

published as 31 CFR part 40) will require all recipients of Treasury funds to conduct a self-evaluation to 

ensure their programs are accessible. 

Interaction between the American with Disabilities Act (ADA)4,Section 504, and the Fair Housing Act

It is very likely a recipient must comply with one or more statutes protecting the rights of persons with 

disabilities. Most organizations are covered by the ADA in addition to Section 504. If the recipient is a 

housing provider or lender, the Fair Housing Act’s prohibitions on disability discrimination will apply. 

Among other things, these requirements make it unlawful to refuse to make reasonable accommodations 

that may be necessary for persons with disabilities to use and enjoy their dwellings in the same manner 

as persons without disabilities; refuse to allow reasonable accommodations to a dwelling for a person 

with physical disabilities; or fail to design and construct new multifamily housing in an accessible 

manner. A best practice for recipients to ensure their organization meets all applicable compliance 

requirements is to always consult with their legal advisors.

4 42 U.S.C. §§ 12101, et seq.
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Housing Programs

In addition to Title VI and the other civil rights laws discussed above, when the program involves housing, 

the recipient also must comply with the requirements of the Fair Housing Act, Title VIII of the Civil Rights 

Act of 1968. The Fair Housing Act prohibits discrimination because of race, color, national origin, religion, 

sex, familial status (have one or more children under 18), and disability. It is illegal to discriminate in the 

sale or rental of housing, including discriminating against individuals seeking a mortgage or housing 

assistance, or to discriminate in other housing-related services or activities.

The Fair Housing Act covers most housing. In very limited circumstances, the Act may exempt owneroccupied buildings with no more than four units, single-family houses sold or rented by the owner 

without the use of an agent, and housing operated by religious organizations and private clubs that limit 

occupancy to members. 

As the federal agency providing financial assistance, the Department of the Treasury has a responsibility 

to conduct oversight and enforcement for compliance with the Fair Housing Act. The Department shares 

jurisdiction with the U.S. Department of Housing and Urban Development and the U.S. Department of 

Justice.

Applicable Statute and Regulations

Fair Housing and Related Law | HUD.gov / U.S. Department of Housing and Urban Development (HUD)

For official technical assistance to understand an organization’s responsibilities under the 

American with Disabilities Act (ADA) online visit: http://www.ada.gov. 

The Department of Justice has also created sites offering compliance information for 

businesses and state and local governments and the ADA Business Connection to offer 

compliance information to businesses. 

http://www.ada.gov/business.htm
CIVIL RIGHTS TOOLKIT 13

Additional Information and Technical Assistance

For additional information and technical assistance, please contact us at:

U.S. Department of Treasury

Office of Civil Rights and Equal Employment Opportunity 

1500 Pennsylvania Avenue, N.W.

Washington, DC 20220 

Phone: (202) 622-1160

Fax: (202) 622-0367

Email: OCRE.comments@treasury.gov