1. Civil Rights Training

2. Welcome Bienvenidos, Nyob Zoo, Huan Ying, Bienvenue, Boa Vinda, ‘So Dhowaada’

3. AGENDA Welcome What is discrimination/Civil Rights
Review of Civil Rights Laws/Guidance
Break
BCR Complaint Process and Procedures
Questions/Evaluations
Adjourn

4. Objectives Define discrimination and recognize unlawful practices.
Identify the basic regulations, policies, and laws that apply to Civil Rights.
Increase your knowledge and understanding of the Civil Rights Complaint Process.
Define a variety of Federal nondiscrimination laws required for federally assisted programs.
Understand the process of an effective complaint resolution.

5. What is discrimination ?
Discrimination occurs when an individual’s civil rights are denied or interfered with because of their membership in a particular group of class

6. Examples of Illegal Discrimination
Denying a benefit or opportunity
Providing different services/benefits
Providing services/benefits in a different manner or in a segregated environment
Restricting privileges
Using policies/procedures that have the effect of discriminating

7. What is a Civil Right?
A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury
Examples:
Freedom of speech, press, assembly
Right to vote
Freedom from involuntary servitude
Right to equality in public places

8. Protected Classes Under Federal and State Laws
Age
Race
Religion
Color
Sex
National Origin
Disability
Political Belief or Affiliation (FS, WIA)

9. Federal Nondiscrimination Laws that apply to programs
Title VI of the Civil Rights Act, 1964
Section 504 of the Rehabilitation Act of 1973 (Section 504).
The Age Discrimination Act of 1975
The Multiethnic Placement Act (MEPA) of 1994
The Americans with Disability Act of 1990 (ADA)
Title IX of the Education Amendments of 1972
Workforce Investment Act (WIA) of 1998

10. Who must comply?
All programs or activities receiving federal financial assistance.
Federal financial assistance includes “grants and loans of Federal funds”
“Program” includes “any program, project, or activity for the provision of services, financial aid, or other benefits to individuals (including education or training, health, welfare –TANF…provided through the employees of the recipient of Federal financial assistance or provided by others through contacts.

11. What programs are covered?
TANF programs
Welfare-to-Work programs
Food Stamp Programs
Other welfare programs and the actions of welfare providers
Child Welfare programs
Day Care Centers
WIA programs
Adoption and foster care programs
Programs for families, youth and children
Job training programs
Contractors, subcontractors and vendors, whether public, private, for profit or nonprofit.

12. Prohibited Practices
Denying any individual services, opportunities, or other benefits for which that individual is otherwise qualified;
Providing any service or benefit in a different manner from that which is provided to others in a program because of race, color, national origin, disability, sex…;
Segregating service recipients solely because of race, color, national origin, disability, sex….;

13. Prohibited Practices
Restricting access to program services or benefits because of race, color, national origin, sex, religion…..;
Adopting methods of administration which would limit participation by any group of recipients or subject them to discrimination;
Addressing an individual in a manner that denotes inferiority because of a protected class.

14. Food Stamp Program Responsibilities
Collection and use of racial/ethnic data
The development of an effective public notification system
A plan for equal access
Reasonable accommodation of persons with disabilities.
Requirements for language assistance
Plan for conflict resolution which includes the development of a complaint procedure

15. Civil Rights History

16. CIVIL RIGHTS HISTORY CIVIL RIGHTS MOVEMENT
The American Civil Rights Movement is one of the most momentous epics in the history of the American Republic. The most active period of the Civil Rights Movement was between 1954, Brown vs. Topeka Board of Education, and 1965, passage of the Voting Rights Act of 1965.

17. The Movement – Boycotting

18. Civil Rights Movement 1954 Brown vs. the Board of Education
Montgomery Bus Boycott
Separate public facilities

19. Rosa Parks refused to give up her seat at the front of the "colored section" of a bus, defying a southern custom of the time. In response to her arrest the Montgomery black community launches a bus boycott, which will last for more than a year, until the buses were desegregated Dec. 21, 1956

20. 1957 -Little Rock, Arkansas, formerly all-white Central High School learns that integration is easier said than done. Nine black students are blocked from entering the school on the orders of Governor Orval Faubus. President Eisenhower sends federal troops and the National Guard to intervene on behalf of the students, who had become know as the “Little Rock Nine.”

21. Separate facilities

23. Civil Rights Movement 1959-1963 Lunch Counter Sit-Ins
“Freedom Rides” organized by the Congress of Racial Equality (CORE) to expose illegal segregation practices on Interstate bus or train travel
United Farm Workers Union established to for protest working conditions and civil rights for Mexican American

24. 1961 CORE began sending student volunteers on bus trips to test the implementation of new laws prohibiting segregation in interstate travel facilities

25. Cesar Chavez founded the United Farm Workers Association in 1962

27. CIVIL RIGHT LAWS

28. The Civil Rights Act of 1964 was a product of the growing demand, from civil rights leaders, for the Federal Government to launch a nationwide offensive against racial discrimination. In calling for its enactment, President John F. Kennedy identified “simple justice” as the justification for passage of the Civil Rights Act of 1964.

29. Civil Rights Act of 1964
Signed into law on July 2, 1964, President Lyndon B. Johnson

30. Title VI of the Civil Rights Act of 1964
….prohibits discrimination on the basis of “race, color, or national origin…Under any programs or activity receiving federal assistance”
42 U.S.C.:2000d

31. Purpose of Title VI
To ensure public funds are not spent in a way that encourages, subsidizes, or results in racial discrimination.
Bars intentional discrimination
Authorizes and directs federal agencies to enact rules, regulations, or orders of general applicability to achieve the statute’s objectives

32. The Civil Rights Act of 1964 Title VI
“no person in the United States shall on the grounds 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 financial assistance.

33. Title IX of the Education Amendments of 1972
Title IX prohibits discrimination on the basis of sex in educational programs and activities that receive or benefit from Federal assistance. A provider may not exclude, deny or provide different or lesser services to applicants or beneficiaries on the basis or sex.

34. Section 504 of the Rehabilitation Act of 1973 (504)
No qualified individual with a disability in the US shall be excluded from denied the benefits of or be subjected to discrimination under any program or activity that receives Federal financial assistance.

35. Section 504 of the Rehabilitation Act of 1973 (504)
Covers any State or local agency, private institution or organization, or any public or private entity that:
Operates, provides or engages in health or social service programs and activities; and
Receives Federal financial assistance from HHS directly or through another recipient/covered entity.

36. The Age Discrimination Act of 1975
No person in the US 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.

37. The Americans with Disabilities Act (ADA) of 1990

38. Title II Protects 3 Categories of Individuals with Disabilities
Individuals who have a physical or mental impairment that substantially limits one or more major life activity
Individuals who have a record of a physical or mental impairment that substantially limits one or more of the individual’s major life activities.
Individuals who are regarded as having such an impairment, whether they have the impairment or not.

39. The Americans with Disability Act of 1990
Title I – Employment
Title II– Accessibility of Programs and Services in the Public Sector; Transportation
Title III– Public Accommodations and Services in the Private Sector
Title IV-Telecommunications
Title V – Miscellaneous provisions

40. The Americans with Disability Act of 1990 Title II of the ADA
No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity

41. The Americans with Disability Act of 1990 Equal Access To Programs and Services
Program Accessibility
Can establish similar but separate program as long as services are equivalent
Must offer accessibility to a program upon request
Physical Accessibility
ADA Accessibility Guidelines (ADAAG)

42. Multiethnic Placement Act (MEPA)
Original 1994
Amended 1996

43. MULTIETHNIC PLACEMENT ACT as Amended by Section 1808
No public children services agency, private child placing agency or private non-custodial agency shall deny any person the opportunity to become an adoptive parent on the basis of race, color or national origin of that person, or the child involved; nor delay or deny the placement of a child for adoption on the basis or race, color or national origin of the adoptive parent or parents, or of the child involved.

44. Workforce Investment Act (WIA) of 1998
Section 188 of the act provides that “no individual shall be excluded from participation in, denied the benefits of, subjected to discrimination, denied employment in the administration of or in connection with any such program or activity because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief .”

46. Limited English Proficient (LEP)
An LEP individual is a person who is unable to speak, read, write or understand the English language at a level that permits him or her to interact effectively with health and social services agencies and providers.

47. LEP and Title VI To comply with Title VI
federally-funded entities must
ensure that LEP persons
have meaningful access.

48. Key to LEP Compliance
To ensure meaningful access covered entities must:
provide language assistance
that results in accurate and effective communication
at no cost

49. Meaningful Access - Factors
size of the covered entity
size of eligible population
nature of program/service
program objectives
resources
frequency of encounters
discrete languages and
LEP individuals

50. Oral Language Assistance
Covered entities must provide:
Language interpreters
Trained & competent interpreters
Assistance must be timely
At no cost to the LEP person

51. Types of Oral Language Assistance
Bilingual staff
Staff interpreters
Contractors
Volunteers
Telephone language line

52. Oral Language Assistance
Do not require
applicants/clients to:
use family or friends
use minor children

53. Written Translations Translate documents into regularly encountered
non-English languages
(when a significant number or percentage of the eligible population
is LEP and needs the services or information)

54. Vital Documents Application forms Enrollment forms
Letters or notices about eligibility or any change in benefits
Anything that requires a response
Medical or discharge information

55. “Safe Harbors”
For each language group with fewer than 100 persons, the entity provides written notice of the right to receive oral interpretation of written materials in the primary language of the group.

56. “Safe Harbors”
All written materials are translated for each LEP group of 10% or 3000 (whichever is less) of the eligible population.
Vital documents are translated for each LEP group of 5% or 1000 (whichever is less) of the eligible population.

57. Notice of Language Assistance
Examples:
Language identification cards/posters
Signs posted in non-English languages
Statements in non-English languages in brochures, outreach materials, etc
Telephonic messages in non-English languages
Public Service Announcements
Community outreach

58. Policy Guidance General Principles
“Non-applicant” family members:
immigrant family members who do not expect to receive benefits
must not be required to disclose:
Proof of immigration/citizenship status; or
SSNs

59. Policy Guidance General Principles
In Medicaid, SCHIP, TANF and Food Stamps:
Applicants & Recipients must disclose:
proof of citizenship, or
proof of satisfactory immigration status, and
SSN(s)

60. Policy Guidance General Principles
IF an applicant or recipient does not have SSN:
the State must offer assistance for the individual to apply for one
the State must not delay or deny services pending SSN verification

61. Policy Guidance Special Rules
Emergency Medicaid
Non-citizens are eligible for emergency Medicaid regardless of immigration status
Non-citizens must not be required to:
disclose proof of citizenship/immigration status; or
SSNs

62. Type of Complaints
Program
Discrimination
Customer Service
Employee

63. BCR COMPLANT PROCESS Purpose Who may file a complaint
Where to file a complaint
Filing – time frames

64. BCR Reviews allegations Investigates Issues final reports
Works closely with HHS/DOL/USDA

65. Contact Information
Bureau of Civil Rights
30 E. Broad St., 37th Fl.
Columbus, Ohio 43215
(614)