CIVIL RIGHTS TRAINING 2014 for County Departments of SOCIAL SERVICES The State of North Carolina Division of Social Services Mecklenburg County Department.

CIVIL RIGHTS TRAINING 2014 for County Departments of

SOCIAL SERVICESThe State of North Carolina

Division of Social Services

Mecklenburg County Department of Social Services

Office of Consumer Advocacy

Introduction

It is essential that every employee understand:

Civil Rights Laws Unlawful Discrimination How to serve everyone in a consistent manner across

all federally funded programs

This is REQUIRED, and must be completed annually, so please be sure to sign your name on the designated sign in sheet to document your completion of this training.

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The Purpose of This Training Is…

To review the laws affecting how we provide services to consumers.

To understand what it means to treat customers, and each other fairly, and with dignity & respect.

To understand our moral, and legal obligation not to discriminate against anyone during the course of our work.

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Laws Prohibits Discrimination Based

On:Title VI of the Civil Rights Act of 1964 Race, Color, National Origin

Title IX of the Education Amendments of 1972

Sex

Section 504 of the Rehabilitation Act of 1973

Disability by employers and organizations that receive federal

assistance.

Age Discrimination Act of 1975 Age

Food Stamp Act of 1977 Religious Creed, & Political Beliefs

Civil Rights Laws - Overview4

Civil Rights Laws – Overview

Laws Prohibits Discrimination Based OnAmericans with Disabilities Act

Disability in all services, programs, and activities provided by government entities. Agencies must provide:Program Accessibility (phone interviews, mailed applications, online services)Easy Building Access (ramps, etc.)Effective Communication

Executive Order 13166 National Origin – Limited English Proficiency (LEP)Multiethnic Placement Act of 1994

Denial of a child's foster care or adoptive placement on the basis of the child's or the prospective parent's race, color, or national origin.

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Additional ReferencesLaws Focus

Equal Opportunity for Religious Organizations – 7 CFR Part 16 (faithbasedcommunityinitiative.gov)

Religious , and community organizations may compete with other organizations for USDA assistance.

Civil Rights Restoration Act of 1987 Clarifies the scope of the 1964 Act ensuring non discrimination in all programs federally funded or not.

USDA Departmental Regulation 4330-2 Prohibits discrimination in programs and activities funded by the USDA.

Personal Responsibility & Work Opportunity Reconciliation Act of 1996 & Dept. of Justice Memo dated 12/28/1999

Focuses on Block Grant Type Programs

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Limited English Proficiency (LEP)

Executive Order 13166 “Improving Access to Services for Persons With Limited

English Proficiency”

The term LEP refers to individuals that do not speak English as their primary language.

May also refer to those who have limited ability to read, speak, write, or understand English.

For more information visit www.LEP.gov

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Limited English Proficiency (LEP)

In order to eliminate barriers for LEP consumers Agencies are required to:

Examine services provided Identify the service needs for those with LEP Develop and Implement a system to provide the appropriate

services. Inform consumers of the right to free interpreter services, and

direct them to the “Justice, Equal Opportunity” poster

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Limited English Proficiency (LEP)

This poster should be displayed in the

lobbies and waiting areas of each DSS

office.

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Interpretation & Translation Services

Interpreter and translation services are ways to eliminate language barriers for our LEP consumers.

Interpreter -Interpreters are the verbal (includes ASL) communicators between two different languages.

Translator – Translators are the written communicators between two different languages

DSS 10001 Form – Documents that the customer has the right to accept, decline, or provide their own interpreter.

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Interpreter & Translation Services

Types of Interpreter & Translator Services Available

Volunteer Interpreters (18 years of age and up) Contract Interpreters Full Time Staff Interpreters Telephone Interpreters (when staff are unavailable) Contract Translation Services (written materials) Online Translation Services

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Language Services Agreement

The DSS – 10001 “Language Services Agreement For

Limited English Proficiency” Form

For County, employee interpreters must sign this

form for each

For all other counties, this form should be used only by

interpreters who are not county employees

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Unlawful Discrimination

The United States Department of Agriculture defines Unlawful Discrimination as….

“The act of distinguishing one person or group of persons from others, either intentionally by neglect, or by the effects of actions, or lack of actions in comparison with others who are not members of the protected group.”

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Unlawful Discrimination - Protected Groups

All persons applying for receiving or participating in any federally assisted program or activity are protected against discrimination on the grounds of:

Race Color National Origin Sex Age Disability Religion – Does not apply to WIC, school lunch & breakfast programs

Political Beliefs – Does not apply to WIC, school lunch & breakfast programs

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Unlawful Discrimination – Examples

Unlawful Practices Examples

Lack of Accommodation An individual in a wheelchair wishes to apply for Food Stamps, but there is no elevator, and the office is on the fourth floor.

Lack of Information/Communication

Failure to make facility and program information to accessible for people with disabilities, such as the hearing impaired.

Barriers to participation Failure to provide an interpreter and/or translated written materials to LEP applicants.

Differences in Services or Program Benefits

Denying white applicants for Food Stamps based on the assumption that only minority families are poor.

Rude Treatment Speaking in a negative tone and physical gestures can be perceived as being rude because applicants are a protected group member.

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Unlawful Discrimination - Hidden Bias

Even though we believe that we are seeing and treating people as equals, hidden biases may still influence our perceptions and actions.

Prejudice and Stereotyping are forms of bias.1. For Example: “Men should not be applying for

assistance…they should just go and get a job.”2. All Black people look alike.3. All old people can’t hear, and are slow.

For More information on “Bias” visit www.Tolerance.org

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Unlawful Discrimination Complaints

Filing a complaint with the local, state, or federal agency is a basic right. Consumers are entitled to due process, and an appeal. When a consumer alleges discrimination and wants to file a complaint:

Direct them to the County DSS Civil Rights Coordinator Provide them with the number (000-000-0000) Transfer the call, or Direct them to the online form athttp://www.ncdhhs.gov/dss/lep/docs/NC%20DSS%20Civil%20Rights%20Complaint%20Form%202012.pdf

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Unlawful Discrimination Complaints

The Civil Rights Coordinator will: Speak with the consumer within 24 hours Gather as much information about the allegations Review case information to determine if any error has

occurred in the determination of eligibility or benefits Forward the complaint information to:

Carlotta Dixon, Title VI Civil Rights CoordinatorNorth Carolina Division of Social Services

(919) 527-6421carlotta.dixon.dhhs.nc.gov

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Unlawful Discrimination Complaints

This poster should be prominently displayed in agency lobbies & waiting areas to:

Post the nondiscrimination statement. Ensure that applicants and

recipients have access to the complaint process

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Public Notification

All FNS assistance programs are required to have a public notification system to inform consumers of:

1. Program Availability2. Complaint Information – advising consumers of

their right to file a complaint, and how to do so.3. Non-Discrimination Statement – displayed on the

“Justice for All” poster.

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Racial & Ethnic Data Collection

State and local agencies are required to obtain race, ethnicity and other demographic information to:

Determine the effectiveness of FNS programs related to reaching potentially eligible populations

Identify areas where additional outreach is needed Compliance review location selection

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Racial & Ethnic Data Collection

Race American Indian or Alaskan Native Asian Black or African American Native Hawaiian or Pacific Islander White

Ethnicity Hispanic or Latino Not Hispanic or Latino

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Compliance – Management Evaluation Process (ME)

The Civil Rights Component of the ME process examines: Equal opportunity to participate for eligible persons, & households

including racial participation as compared to Census data.

Racial & Ethnic Data Collection (on file for 3 years)

Display of the “And Justice for All” poster

Availability of program information to all eligible persons with a focus on LEP consumers (available interpreters, staff, & phone services).

Facility Access (wheelchair accessibility)

Civil Rights Training

Customer Service (interviews with customers, caseworkers, receptionists)

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Agency Non-Compliance

After a fact finding investigation, any civil rights mandate that the county did not adhere to will require a Corrective Action Plan to ensure all areas of non-compliance are resolved

USDA will be advised of the findings and provided with documentation to decide on an appropriate action.

If non-compliance continues to be an issue, the USDA will take formal enforcement action

Could result in loss of in FNS services being terminated or on suspension

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North Carolina DHHS Contact

Carlotta Dixon, Title VI Civil Rights CoordinatorNorth Carolina Division of Social Services(919) 527-6421carlotta.dixon.dhhs.nc.gov

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Federal Civil Rights Contact

USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W.,

Washington, D.C. 20250-9410 or call (866) 632-9992 (voice) or

Individuals who are hearing impaired or have speech disabilities may

contact USDA through the Federal Relay Service at (800) 877-8339 or in

Spanish (800) 845-6136.

HHS, Director, Office for Civil Rights, Room 506-F, 200 Independence Avenue, S.W., Washington, D.C. 20201 or call(202) 619-0403 (voice) or (202) 619-3257 (TTY).

USDA and HHS are equal opportunity providers and employers.”