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Civil Rights Civil Rights TrainingTraining
WelcomeWelcome Bienvenidos, Nyob Zoo, Huan Bienvenidos, Nyob Zoo, Huan Ying, Bienvenue, Boa Vinda, Ying, Bienvenue, Boa Vinda,
‘So Dhowaada’‘So Dhowaada’
AGENDAAGENDA
WelcomeWelcome What is discrimination/Civil RightsWhat is discrimination/Civil Rights Review of Civil Rights Laws/GuidanceReview of Civil Rights Laws/Guidance BreakBreak BCR Complaint Process and BCR Complaint Process and
ProceduresProcedures Questions/EvaluationsQuestions/Evaluations AdjournAdjourn
ObjectivesObjectives
Define discrimination and recognize unlawful Define discrimination and recognize unlawful practices.practices.
Identify the basic regulations, policies, and Identify the basic regulations, policies, and laws that apply to Civil Rights.laws that apply to Civil Rights.
Increase your knowledge and understanding Increase your knowledge and understanding of the Civil Rights Complaint Process.of the Civil Rights Complaint Process.
Define a variety of Federal nondiscrimination Define a variety of Federal nondiscrimination laws required for federally assisted programs. laws required for federally assisted programs.
Understand the process of an effective Understand the process of an effective complaint resolution. complaint resolution.
What is discrimination ?What is discrimination ?
Discrimination occurs when Discrimination occurs when an individual’s civil rights are an individual’s civil rights are
denied or interfered with denied or interfered with because of their membership because of their membership in a particular group of classin a particular group of class
Examples of Illegal DiscriminationExamples of Illegal Discrimination
Denying a benefit or opportunityDenying a benefit or opportunity Providing different services/benefitsProviding different services/benefits Providing services/benefits in a Providing services/benefits in a
different manner or in a segregated different manner or in a segregated environmentenvironment
Restricting privilegesRestricting privileges Using policies/procedures that have Using policies/procedures that have
the effect of discriminatingthe effect of discriminating
What is a Civil Right?What is a Civil Right?
A civil right is an enforceable right or A civil right is an enforceable right or privilege, which if interfered with by privilege, which if interfered with by another gives rise to an action for another gives rise to an action for injuryinjury
Examples:Examples: Freedom of speech, press, assemblyFreedom of speech, press, assembly Right to voteRight to vote Freedom from involuntary servitudeFreedom from involuntary servitude Right to equality in public placesRight to equality in public places
Protected Classes Under Federal Protected Classes Under Federal and State Lawsand State Laws
AgeAge RaceRace ReligionReligion ColorColor SexSex National OriginNational Origin DisabilityDisability Political Belief or Affiliation (FS, WIA)Political Belief or Affiliation (FS, WIA)
Federal Nondiscrimination Laws Federal Nondiscrimination Laws that apply to programsthat apply to programs
Title VI of the Civil Title VI of the Civil Rights Act, 1964Rights Act, 1964
Section 504 of the Section 504 of the Rehabilitation Act of Rehabilitation Act of 1973 (Section 504).1973 (Section 504).
The Age The Age Discrimination Act of Discrimination Act of 19751975
The Multiethnic The Multiethnic Placement Act (MEPA) Placement Act (MEPA) of 1994 of 1994
The Americans with The Americans with Disability Act of 1990 Disability Act of 1990 (ADA)(ADA)
Title IX of the Title IX of the Education Education Amendments of 1972Amendments of 1972
Workforce Investment Workforce Investment Act (WIA) of 1998Act (WIA) of 1998
Who must comply?Who must comply?
All programs or activities receiving federal All programs or activities receiving federal financial assistance.financial assistance.
Federal financial assistance includes “grants Federal financial assistance includes “grants and loans of Federal funds”and loans of Federal funds”
““Program” includes “any program, project, Program” includes “any program, project, or activity for the provision of services, or activity for the provision of services, financial aid, or other benefits to individuals financial aid, or other benefits to individuals (including education or training, health, (including education or training, health, welfare –TANF…provided through the welfare –TANF…provided through the employees of the recipient of Federal employees of the recipient of Federal financial assistance or provided by others financial assistance or provided by others through contacts.through contacts.
What programs are covered?What programs are covered?
TANF programsTANF programs Welfare-to-Work Welfare-to-Work
programsprograms Food Stamp ProgramsFood Stamp Programs Other welfare programs Other welfare programs
and the actions of and the actions of welfare providerswelfare providers
Child Welfare programsChild Welfare programs Day Care CentersDay Care Centers WIA programsWIA programs
Adoption and foster Adoption and foster care programscare programs
Programs for families, Programs for families, youth and children youth and children
Job training programsJob training programs Contractors, Contractors,
subcontractors and subcontractors and vendors, whether vendors, whether public, private, for public, private, for profit or nonprofit.profit or nonprofit.
Prohibited PracticesProhibited Practices Denying any individual services, Denying any individual services,
opportunities, or other benefits opportunities, or other benefits for which that individual is for which that individual is otherwise qualified;otherwise qualified;
Providing any service or benefit Providing any service or benefit in a different manner from that in a different manner from that which is provided to others in a which is provided to others in a program because of race, color, program because of race, color, national origin, disability, sex…;national origin, disability, sex…;
Segregating service recipients Segregating service recipients solely because of race, color, solely because of race, color, national origin, disability, sex….;national origin, disability, sex….;
Prohibited PracticesProhibited Practices Restricting access to Restricting access to
program services or benefits program services or benefits because of race, color, because of race, color, national origin, sex, national origin, sex, religion…..;religion…..;
Adopting methods of Adopting methods of administration which would administration which would limit participation by any limit participation by any group of recipients or subject group of recipients or subject them to discrimination;them to discrimination;
Addressing an individual in a Addressing an individual in a manner that denotes manner that denotes inferiority because of a inferiority because of a protected class. protected class.
Food Stamp ProgramFood Stamp ProgramResponsibilitiesResponsibilities
Collection and use of Collection and use of racial/ethnic dataracial/ethnic data
The development of The development of an effective public an effective public notification systemnotification system
A plan for equal A plan for equal accessaccess
Reasonable Reasonable accommodation of accommodation of persons with persons with disabilities.disabilities.
Requirements for Requirements for language assistancelanguage assistance
Plan for conflict Plan for conflict resolution which resolution which includes the includes the development of a development of a complaint procedurecomplaint procedure
Civil Rights HistoryCivil Rights History
CIVIL RIGHTS HISTORYCIVIL RIGHTS HISTORY CIVIL RIGHTS MOVEMENTCIVIL RIGHTS MOVEMENT
The American The American Civil Rights Movement Civil Rights Movement is is one of the most momentous epics in one of the most momentous epics in the history of the American Republic. the history of the American Republic. The most active period of the The most active period of the Civil Civil RightsRights MovementMovement was between 1954, was between 1954, Brown vs. Topeka Board of Brown vs. Topeka Board of Education, and 1965, passage of the Education, and 1965, passage of the Voting Rights Act of 1965. Voting Rights Act of 1965.
The Movement – Boycotting The Movement – Boycotting
Civil Rights Movement Civil Rights Movement
1954 Brown vs. the Board of 1954 Brown vs. the Board of Education Education
1955-56 Montgomery Bus Boycott1955-56 Montgomery Bus Boycott
1957 Separate public facilities1957 Separate public facilities
Rosa Parks refused to give up her seat at the front of the "colored 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 section" of a bus, defying a southern custom of the time. In
response to her arrest the Montgomery black community response to her arrest the Montgomery black community launches a bus boycott, which will last for more than a year, until launches a bus boycott, which will last for more than a year, until
the buses were desegregated Dec. 21, 1956 the buses were desegregated Dec. 21, 1956
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.”
Separate facilitiesSeparate facilities
Civil Rights Movement Civil Rights Movement
1959-1963 Lunch Counter Sit-Ins1959-1963 Lunch Counter Sit-Ins 1961 “Freedom Rides” organized by 1961 “Freedom Rides” organized by
the the Congress of Racial Equality Congress of Racial Equality (CORE) (CORE) to expose illegal to expose illegal segregation segregation practices on practices on Interstate bus or train Interstate bus or train travel travel
1962 1962 United Farm Workers Union United Farm Workers Union established to for protest established to for protest
working working conditions and civil rights conditions and civil rights for for Mexican American Mexican American
1961 CORE began sending student 1961 CORE began sending student volunteers on bus trips to test the volunteers on bus trips to test the
implementation of new laws implementation of new laws prohibiting segregation in interstate prohibiting segregation in interstate
travel facilitiestravel facilities
Cesar Chavez founded the United Cesar Chavez founded the United Farm Workers Association in 1962Farm Workers Association in 1962
CIVIL RIGHT LAWSCIVIL RIGHT LAWS
The Civil Rights Act of 1964 was a The Civil Rights Act of 1964 was a product of the growing demand, from product of the growing demand, from civil rights leaders, for the Federal civil rights leaders, for the Federal Government to launch a nationwide Government to launch a nationwide offensive against racial discrimination.offensive against racial discrimination.
In calling for its enactment, President In calling for its enactment, President John F. Kennedy identified “simple John F. Kennedy identified “simple justice” as the justification for passage justice” as the justification for passage of the Civil Rights Act of 1964.of the Civil Rights Act of 1964.
Civil Rights Act of 1964Civil Rights Act of 1964
Signed Signed into law into law on July 2, on July 2, 1964, 1964, PresidenPresident Lyndon t Lyndon B. B. JohnsonJohnson
Title VI of the Civil Rights Act of Title VI of the Civil Rights Act of 19641964
…….prohibits discrimination on the .prohibits discrimination on the basis of “race, color, or national basis of “race, color, or national origin…Under any programs or origin…Under any programs or activity receiving federal assistance”activity receiving federal assistance”
42 U.S.C.:2000d42 U.S.C.:2000d
Purpose of Title VIPurpose of Title VI
To ensure public funds are not spent To ensure public funds are not spent in a way that encourages, subsidizes, in a way that encourages, subsidizes, or results in racial discrimination.or results in racial discrimination.
Bars intentional discrimination Bars intentional discrimination Authorizes and directs federal Authorizes and directs federal
agencies to enact rules, regulations, agencies to enact rules, regulations, or orders of general applicability to or orders of general applicability to achieve the statute’s objectives achieve the statute’s objectives
The Civil Rights Act of 1964The Civil Rights Act of 1964Title VITitle VI
““no person in the United States shall no person in the United States shall on the grounds of race, color, or on the grounds of race, color, or national origin be excluded from national origin be excluded from participation in, be denied the participation in, be denied the benefits of, or be subjected to benefits of, or be subjected to discrimination under any program or discrimination under any program or activity receiving Federal financial activity receiving Federal financial assistance.assistance.
Title IX of the Education Title IX of the Education Amendments of 1972Amendments of 1972
Title IX prohibits Title IX prohibits discrimination on the discrimination on the basis of sex in basis of sex in educational programs educational programs and activities that and activities that receive or benefit from receive or benefit from Federal assistance. A Federal assistance. A provider may not provider may not exclude, deny or provide exclude, deny or provide different or lesser different or lesser services to applicants or services to applicants or beneficiaries on the beneficiaries on the basis or sex.basis or sex.
Section 504 of the Rehabilitation Section 504 of the Rehabilitation Act of 1973 (504)Act of 1973 (504)
No qualified individual with a No qualified individual with a disability in the US shall be excluded disability in the US shall be excluded from denied the benefits of or be from denied the benefits of or be subjected to discrimination under subjected to discrimination under any program or activity that receives any program or activity that receives Federal financial assistance. Federal financial assistance.
Section 504 of the Rehabilitation Section 504 of the Rehabilitation Act of 1973 (504)Act of 1973 (504)
Covers any State or local Covers any State or local agency, private agency, private institution or institution or organization, or any organization, or any public or private entity public or private entity that:that: Operates, provides or Operates, provides or
engages in health or social engages in health or social service programs and service programs and activities; and activities; and
Receives Federal financial Receives Federal financial assistance from HHS assistance from HHS directly or through another directly or through another recipient/covered entity.recipient/covered entity.
The Age Discrimination Act of 1975The Age Discrimination Act of 1975
No person in the US shall, on the No person in the US shall, on the basis of age, be excluded from basis of age, be excluded from participation, in be denied the participation, in be denied the benefits of, or be subjected to benefits of, or be subjected to discrimination under any program or discrimination under any program or activity receiving Federal financial activity receiving Federal financial assistance.assistance.
The Americans with Disabilities Act The Americans with Disabilities Act (ADA) of 1990 (ADA) of 1990
Title II Protects 3 Categories of Title II Protects 3 Categories of Individuals with DisabilitiesIndividuals with Disabilities
Individuals who have a physical or mental Individuals who have a physical or mental impairment that substantially limits one or impairment that substantially limits one or more major life activitymore major life activity
Individuals who have a record of a physical Individuals who have a record of a physical or mental impairment that substantially or mental impairment that substantially limits one or more of the individual’s major limits one or more of the individual’s major life activities.life activities.
Individuals who are regarded as having Individuals who are regarded as having such an impairment, whether they have such an impairment, whether they have the impairment or not.the impairment or not.
The Americans with Disability Act The Americans with Disability Act of 1990of 1990
Title I – EmploymentTitle I – Employment Title II– Accessibility of Programs and Title II– Accessibility of Programs and
Services in the Public Sector; Services in the Public Sector; TransportationTransportation
Title III– Public Accommodations and Title III– Public Accommodations and Services in the Private SectorServices in the Private Sector
Title IV-TelecommunicationsTitle IV-Telecommunications Title V – Miscellaneous provisionsTitle V – Miscellaneous provisions
The Americans with Disability Act of 1990The Americans with Disability Act of 1990 Title II of the ADATitle II of the ADA
No qualified individual No qualified individual with a disability shall, with a disability shall, by reason of such by reason of such disability, be excluded disability, be excluded from participation in from participation in or be denied the or be denied the benefits of the benefits of the services, programs, or services, programs, or activities of a public activities of a public entity, or be subjected entity, or be subjected to discrimination by to discrimination by any such entity any such entity
The Americans with Disability Act of 1990 The Americans with Disability Act of 1990 Equal AccessEqual Access
To Programs and ServicesTo Programs and Services Program AccessibilityProgram Accessibility
Can establish similar Can establish similar but separate program but separate program as long as services as long as services are equivalentare equivalent
Must offer Must offer accessibility to a accessibility to a program upon requestprogram upon request
Physical AccessibilityPhysical Accessibility ADA Accessibility ADA Accessibility
Guidelines (ADAAG)Guidelines (ADAAG)
Multiethnic Placement Act (MEPA)Multiethnic Placement Act (MEPA)
Original 1994Original 1994
Amended 1996Amended 1996
MULTIETHNIC PLACEMENT ACT MULTIETHNIC PLACEMENT ACT as Amended by Section 1808as Amended by Section 1808
No public children services No public children services agency, private child agency, private child placing agency or private placing agency or private non-custodial agency shall non-custodial agency shall deny any person the deny any person the opportunity to become an opportunity to become an adoptive parent on the adoptive parent on the basis of race, color or basis of race, color or national origin of that national origin of that person, or the child person, or the child involved; nor delay or deny involved; nor delay or deny the placement of a child the placement of a child for adoption on the basis for adoption on the basis or race, color or national or race, color or national origin of the adoptive origin of the adoptive parent or parents, or of the parent or parents, or of the childchild involvedinvolved..
Workforce Investment Act (WIA) of Workforce Investment Act (WIA) of 19981998
Section 188 of the act Section 188 of the act provides that “no provides that “no individual shall be individual shall be excluded from excluded from participation in, denied participation in, denied the benefits of, subjected the benefits of, subjected to discrimination, denied to discrimination, denied employment in the employment in the administration of or in administration of or in connection with any such connection with any such program or activity program or activity because of race, color, because of race, color, religion, sex, national religion, sex, national origin, age, disability, or origin, age, disability, or political affiliation or political affiliation or belief .”belief .”
Limited English Proficient Limited English Proficient (LEP)(LEP)
An LEP individual is a person who is An LEP individual is a person who is unable to speak, read, write or unable to speak, read, write or understand the English language at a understand the English language at a level that permits him or her to level that permits him or her to interact effectively with health and interact effectively with health and social services agencies and social services agencies and providers.providers.
LEP and Title VILEP and Title VI
To comply with To comply with Title VITitle VI
federally-funded federally-funded entities must entities must
ensure that LEP ensure that LEP persons persons
have have meaningful meaningful accessaccess..
Key to LEP ComplianceKey to LEP Compliance
– To ensure To ensure meaningful meaningful accessaccess covered covered entities must: entities must:
– provide language provide language assistanceassistance that results in that results in
accurate and accurate and effective effective communicationcommunication
at no costat no cost
Meaningful Access - FactorsMeaningful Access - Factors
– size of the covered size of the covered entityentity
– size of eligible size of eligible population population
– nature of nature of program/serviceprogram/service
– program objectives program objectives – resourcesresources– frequency of encountersfrequency of encounters
discrete languages anddiscrete languages and LEP individualsLEP individuals
Oral Language AssistanceOral Language Assistance
Covered entities must provide:Covered entities must provide:– Language interpreters Language interpreters – Trained & competent Trained & competent
interpretersinterpreters– Assistance must be timelyAssistance must be timely– At no cost to the LEP personAt no cost to the LEP person
Types of Oral Language Types of Oral Language AssistanceAssistance
– Bilingual staffBilingual staff– Staff interpretersStaff interpreters– ContractorsContractors– VolunteersVolunteers– Telephone Telephone
language linelanguage line
Oral Language AssistanceOral Language Assistance
Do not requireDo not require
applicants/clients applicants/clients to: to:
– use family or use family or friendsfriends
– use minor use minor childrenchildren
Written TranslationsWritten Translations
– Translate documents Translate documents into into
regularly regularly encounteredencounterednon-English non-English languages languages (when a significant (when a significant number or number or percentage of the percentage of the eligible populationeligible populationis LEP and needs the is LEP and needs the services or services or information)information)
Vital DocumentsVital Documents
– Application formsApplication forms– Enrollment forms Enrollment forms – Letters or notices Letters or notices
about eligibility or about eligibility or any change in any change in benefitsbenefits
– Anything that Anything that requires a responserequires a response
– Medical or Medical or discharge discharge informationinformation
““Safe Harbors”Safe Harbors”
– For each language For each language group with fewer group with fewer than 100 persons, than 100 persons, the entity the entity provides provides written written notice of the right to notice of the right to receive oral receive oral interpretation of interpretation of written materials in written materials in the primary language the primary language of the group.of the group.
““Safe Harbors”Safe Harbors” All written All written
materials are materials are translated for each translated for each LEP group of 10% or LEP group of 10% or 3000 (whichever is 3000 (whichever is less) of the eligible less) of the eligible population. population.
Vital documents are Vital documents are translated for each translated for each LEP group of 5% or LEP group of 5% or 1000 (whichever is 1000 (whichever is less) of the eligible less) of the eligible populationpopulation..
Notice of Language Notice of Language AssistanceAssistance
Examples:Examples:– Language identification cards/postersLanguage identification cards/posters– Signs posted in non-English languagesSigns posted in non-English languages– Statements in non-English languages in Statements in non-English languages in
brochures, outreach materials, etc brochures, outreach materials, etc – Telephonic messages in non-English Telephonic messages in non-English
languageslanguages– Public Service AnnouncementsPublic Service Announcements– Community outreachCommunity outreach
“ “Non-Non-applicant”applicant” family family members: members:
immigrant family members who do immigrant family members who do not expect to not expect to receive benefitsreceive benefits
must must notnot be requiredbe required to disclose: to disclose:Proof of immigration/citizenship Proof of immigration/citizenship status; status; oror
SSNsSSNs
Policy Guidance Policy Guidance General PrinciplesGeneral Principles
In Medicaid, SCHIP, TANF and Food Stamps:In Medicaid, SCHIP, TANF and Food Stamps:
Applicants & Recipients Applicants & Recipients must disclosemust disclose::
proof ofproof of citizenship, citizenship, oror proof of satisfactory immigration proof of satisfactory immigration
status, status, and and SSN(s)SSN(s)
Policy GuidancePolicy Guidance General Principles General Principles
IF an applicant or recipient does not have IF an applicant or recipient does not have SSN:SSN:
the Statethe State must must offer assistance for offer assistance for the individual to apply for onethe individual to apply for one
the State the State must notmust not delay or deny delay or deny services pending SSN verification services pending SSN verification
Policy GuidancePolicy GuidanceGeneral PrinciplesGeneral Principles
Emergency MedicaidEmergency Medicaid
Non-citizens are eligible for emergency Non-citizens are eligible for emergency Medicaid regardless of immigration Medicaid regardless of immigration
statusstatus
Non-citizens Non-citizens must notmust not be required to: be required to: disclose proof of citizenship/immigration disclose proof of citizenship/immigration
status; status; oror SSNsSSNs
Policy GuidancePolicy GuidanceSpecial RulesSpecial Rules
Type of Complaints Type of Complaints
ProgramProgram
DiscriminationDiscrimination
Customer ServiceCustomer Service
EmployeeEmployee
BCR COMPLANT PROCESSBCR COMPLANT PROCESS
PurposePurpose
Who may file a complaintWho may file a complaint
Where to file a complaintWhere to file a complaint
Filing – time framesFiling – time frames
BCRBCR
Reviews allegationsReviews allegations
InvestigatesInvestigates
Issues final reportsIssues final reports
Works closely with HHS/DOL/USDAWorks closely with HHS/DOL/USDA
Contact InformationContact Information
Bureau of Civil Bureau of Civil RightsRights
30 E. Broad St., 30 E. Broad St., 3737thth Fl. Fl.
Columbus, Ohio Columbus, Ohio 4321543215
(614) 644-2703(614) 644-2703
