Milwaukee Co Dept of Health and Human Services

Milwaukee Co. Dept of Health and Human Services Division of Behavioral Health Affirmative Action and Civil Rights Compliance Requirements for County Programs, Subcontractors, and Vendors David Duran, Civil Rights Compliance Officer Department of Health and Family Services Office of Affirmative Action and Civil Rights Compliance

Welcome, Bienvenidos, Zoo Siab Txais Tos, Dobro Došli, добро пожаловать, ’So Dhowaada’, Benvenuto, Welkom, Bienvenue, Boa Vinda, , ﺗﺮﺣﻴﺐ Willkommen, Huan Ying Introductions

Agenda n n n n Welcome and Introduction Training Objectives Pretest Federal financial assistance and common recipients DHFS/DWD programs obligated to comply with non-discrimination laws Types of discrimination Prohibited under Title VI Morning break

Agenda n n n n Accessibility to programs, services, and activities by persons with disabilities Affirmative action and civil rights compliance plan requirements Lunch LEP language assistance and save harbor guidelines Complaint process and procedures Post-test Questions and Answers Adjournment

Training Objectives n n n Understand compliance obligations for contractors, subcontractors and vendors under Federal and State non-discrimination laws Clarify who protected groups covered by nondiscrimination laws Clarify Affirmative Action and Civil Rights Compliance Plan requirements for County program, contracts, subcontractors and vendors Clarify LEP Save Harbor language assistance requirements and complaint processing Provide an opportunity for questions and answers

Pretest

Common Types Of Federal Financial Assistance - - Loans Grants or loans of federal property Use of equipment & donations of surplus property - - Training Details of Federal personnel Any other agreement or contract to provide assistance 7

Common Recipients Receiving Federal Financial Assistance n n n Hospitals, nursing homes, home health agencies, managed care organizations State, county and local welfare agencies Universities and other health or social service research programs n n n Programs for families, youth and children Head Start programs Physicians and other providers who receive Federal financial assistance from HHS 8

Who Must Comply with AA/CRC Requirements in Wis. n Programs, services, and activities receiving Federal assistance through DHFS/DWD from: n U. S. DHHS n USDA n U. S. DOL

Types of Federal Financial Assistance in WI. n DHFS and DWD programs support by DHHS: n Temporary Assistance to Needy Families (TANF) or W-2, administered by DWD n Medicaid, n Long Term Care n Mental Heath and AODA services n Primary Health Care n Public Health Services n Child Care n Child Support, n Aging Services n Head-Start, not administered by DHFS or DWD

Types of Federal Financial Assistance WI. • Program funded through USDA: n Food Stamps n Food Stamp Employment and Training (FSET), administered by DWD n Women Infant and Children (WIC) n The Emergency Food Assistance Program (TEFAP)

Types of Federal Financial Assistance in WI. n Program supported through DOL n Workforce Investment Act (WIA) n Unemployment Insurance n Re-employment Services

Non-Discrimination Laws for Service Delivery n n n Title VI of the Civil Rights Act of 1964 and Executive Order 13166 (LEP) Title IX of the Education Amendment of 1972 The Civil Rights Restoration Act of 1987 The Rehabilitation Act of 1973 Section 504 The Age Discrimination Act of 1975

Non-Discrimination Laws for Service Delivery n n American with Disabilities Act of 1990 Title II, III & IV Equal Pay Act of 1963 Omnibus Budget Reconciliation Act of 1981 Public Health Service Act, Titles VI & XVI

What is a Civil Right? Charles Hamilton Houston = = A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury Examples of civil rights: 4 Freedom of speech, press, assembly 4 Right to vote 4 Freedom from involuntary servitude (human trafficking) 4 Right to equality in public places “Charles Hamilton Houston is the Moses of the journey that led to brown and beyond” by Thurgood Marshall

Discrimination l When the civil rights of an individual are denied or interfered with because of their membership in a particular group or class: Rosa Parks 4 Race 4 Sex 4 Religion 4 Age 4 Previous condition of servitude 4 Physical limitation 4 National origin or sexual preference

Title VI of the Civil Rights Act of 1964. . . prohibits discrimination on the basis of “race, color, or national origin. . Under any program or activity receiving federal assistance” 42 U. S. C. : 2000 d Thurgood Marshall Supreme Court Justice Thurgood Marshall

Purpose of Title VI = = To ensure public funds are not spent in a way that encourages, subsidizes, or results in racial discrimination Title VI bars intentional discrimination President Lyndon B. Johnson signing the Civil Rights Act on July 2, 1964

Title VI l l Authorizes federal agencies to enact “rules, regulations, and orders of general applicability” to achieve the statute’s objectives 42 U. S. C. 2000 d. All Federal agencies regulation’s prohibit: Ø Use of criteria or methods of administration that have the effect of discriminating against protected classes based on race, color or national origin. ”

U. S. Supreme Court …has held that such regulations may prohibit practices having a disparate impact on protected groups, whether or not the action or practices are intentionally discriminatory.

Intentional Discrimination and Disparate Treatment Martin Luther King Jr. , Dr Spock and Reverend Rice l l An intent claim alleges that similarly situated persons are treated differently because of their: 4 Race 4 Color or 4 National origin Retaliation is always investigated using the intent theory

Unintentional Discrimination and Disparate Impact 1. Neutral policies or practices which disproportionately exclude or adversely affect protected classes; 1. Limited English Proficiency (LEP) complaints are generally investigated using this legal theory 2. Investigations focus on the consequences and do not require proof of discriminatory intent Note: Reasons why data collection is very important for an agency as (1) monitoring device and (2) critical indicator to guide strategic planning

National Origin Discrimination l l Services in Languages Other Than English Title VI prohibits the uses of criteria or methods of administration having: - “the effect of defeating or substantially impairing accomplishment of program objectives with respect to individuals of a particular race, color or national origin. ” Universal regulatory language incorporates a disparate impact standard into Title VI.

Morning Break 10 Minutes

Meaningful Accessibility 1. Equal opportunity and Physical accessibility to all: 1. Programs, services and activities 2. Eliminating building barriers 3. Providing culturally and linguistic competent, programs and services 4. Development effective methods of communicating with Deaf and Hard of Hearing, visually impair or illiterate.

Meaningful Accessibility 1. 2. 3. 4. ADA Title I apply to employment related issues and employment accommodations requirements ADA Title II Part A apply to the public service (State, County, Municipalities) ADA Title III apply to public accommodations and services operated by private entities Section 504, 503 of the Rehabilitation Act of 1973 apply to County, subcontractors and vendors receiving Federal Financial Assistance

Commandments The Ten Commandments of Communicating With People With Disabilities Distributed by: Program Development Associates 5620 Business Ave Suite B Cicero, NY 13039 1 -800 -543 -2119 www. pdassoc. com

Affirmative Action and Civil Rights Compliance Plan Requirements DHFS January 1, 2004 to December 31, 2006

Direct Recipients of DHFS Funding Must File a Plan n The County, subcontractors and vendors funded with DHFS funds must comply Ø Organizations having (25) employees or more and $25, 000 or more in funds must complete plan Ø Organizations with less then (25) employees and less then $25, 000, they must submit a Letter of Assurance an exemption request to file an AA Plan Ø If organization receives Federal or State funds from a different agency, other requirements may apply

Direct Recipients of DHFS Filing a Letter of Assurance n If your organization has less than (25) employees and receive less than $25, 000, you must file: n n Letter of Assurance Notice to Vendor Filing Information (DOA 3607) Request for Exemption from submitting an Affirmative Action (AA) Plan (DOA-3024) Vendor Subcontractors List (DOA-3023) Notice to Vendor, Request for Exemption and Vendor Subcontractors Listing are required by s. 16. 765 Wis. Stat. and ADM 50 when doing business with the State.

State and County Mutually Funded Subcontractors n n Must complete and submit an AA/CRC Plan to DHFS Must comply with DHFS AA/CRC requirement and those of Milwaukee County DHFS take lead in reviewing and approving jointly funded subcontractor’s Plans Jointly funded subcontractors must submit proof of compliance with AA/CRC requirements to the County once approval is obtain

Subcontractors – Vendors Funded Directly by Milwaukee County n n n County may impose its own AA/CRC requirements as long as they are not in conflict with DHFS requirements and Federal regulations County may adopt DHFS model AA/CRC policies, procedures and format or use their own Written instructions and technical assistance must be provided to ensure Plans and Letters of Assurance are filed with proper compliance office

Subcontractors – Vendors Funded Directly by Milwaukee County n n n Submission of DOA-3607, DOA-3024 and DOA 3023 are optional for the County These forms are only required when a subcontractor or vendor is doing business with DHFS other state agency If exempted because organization has less than (25) employees and less than $25, 000 in funds: n Organization must submit a Letter of Assurance but no DOA form unless required by the County

Request for Proposals and Contract Compliance Language n n Bidders are obligated to adhere to State and Federal non-discrimination laws, regulations Successful bidders must submit an AA/CRC Plan or LOA (15 days from contract) to County and or DHFS Jointly funded subcontractors and vendors must file proof that a Plan was approved by a State agency to the County All subcontracts should include language that assures the State and U. S. Government the right to seek its judicial enforcement if Federal Assistance is provided

Affirmative Action and Civil Rights Compliance Plan Requirements Components of a Plan

Affirmative Action and Civil Rights Compliance Plan Components

Data Collection n Record disability, race, and ethnicity data: n Employees n Patients, Clients, and Participants Record: n Interpretation needs of LEP n Inventory of written vital documents needing translations n Sign language interpreter needs n Accommodation needs of persons with disabilities Data collection process must be ADA and HIPPA regulation compliant

Components of an AA/CRC Plan Affirmative action: Ø Balance Workforce – Requires that the right proportion of Women, Minorities, and Persons with Disabilities are represented in each job category as reflected in the workforce Ø When there is under-representation in any job category, the organization must take affirmative action steps to correct the underrepresentation by setting goals and timelines to achieve a balance workforce

Components of an AA/CRC Plan Equal Opportunity Requirements: 1. Customer Service Population Analysis 2. Policy Statement & Notification 3. Designation of Equal Opportunity Coordinator 4. Access to Services 5. Discrimination Complaint/Grievance Procedure 6. Self evaluation

Components of an AA/CRC Plan LEP Requirements: 1. Customer Service Language Access Data 2. LEP Policies Statement & Notification 3. Designation of LEP Coordinator 4. Access to Services 5. LEP Discrimination Complaint/Grievance Procedures 6. Self Evaluation

1 Hour Lunch Break

Greetings in: n n n n n Zjerma – Fofo Hausa – Sanou Spanish – Hola, Buen Dia Qechua – Imaynalla Aymara – Kamisaraki French – Bonjour Djioulja – Ekakennewa Armenian – Barev Arabic – Saalamu ‘lekum Chickewa – Moni n n n n n Amharic – Teanastellen Tigrinya – Selam Aymara – Kamisaraki Mina – Ofoan Kabye – N’louale Kotokoli - Gnafinikaza Nawdme – Reda hom? Bulgarian – Zdraveite Mongolian – Sain baina uu Hmong – Nyob Zoo

Limited English Proficiency (LEP) Requirements

LEP Individual “ 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 agencies and providers”

In Wisconsin • • • U. S. 2000 Census data: • 294, 285 or 5% of 5, 363, 675 residents in Wisconsin are considered LEP • Spanish 81, 584 • Hmong 49, 000 (BMRLS/DWD) • Russian 2, 679 • Bosnian/Serbian/Croatians 2, 249 Excludes some 100, 000 to 150, 000 undocumented individuals Excludes 4, 000 - 5000 migrant seasonal farm workers in WI 45

Ability To Speak English Milwaukee Co (Census 2000 -5 Years and Over) Hispanic or Latino: n n n Well Not At All TOTAL 10, 961 10, 304 6, 212 27, 477 Asian: n n n Well Not At All TOTAL 5, 362 2, 718 736 8, 816

Milwaukee Refugee Populations (State DWD/Refugee Services) Hmong n Lao n Vietnamese n Cambodian n FSU n FYUG n Africa n Other/Cuban TOTAL n 10, 218 2, 755 1, 779 79 2, 376 1, 419 442 1, 498 20, 566

Contractor’s Obligations to Comply with Executive Order 13166 n n n Recipients are required to take reasonable steps to ensure meaningful access to their programs, services and benefits by LEP speakers. Guidelines are designed to be a flexible with a fact-dependent standard The starting point is an individualized assessment of the contractor using a four factors analysis

Four Factor Analysis 1. 2. 3. 4. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee The frequency with which LEP individuals come in contact with the program, service The nature and importance of the program, activity or service provided by the program to people's lives; and The resources available to the grantee recipient, and costs.

Oral Interpretation Oral interpretation must be a available and free of cost n Face-to-face with bilingual staff n. Competent interpreter n. Language line n • Use competent interpreters, specially for critical situations

Who are Competent Interpreters? n Bilingual in English and a second language; n Linguistically and culturally competent

Who may Not be interpreters? Minor Children n Family members or friends The patient may turn down a provider’s interpreter, but n you must offer one regardless n You are advised to have your interpreter present, depending on the critical and confidential nature of the situation. n Assess consequences, risk and liability if accurate and meaningful communication fail n

Written Translations n Vital documents: one size does not fit all STAFE HARBOR GUIDELINES n Translation of vital documents if service area has 5% or 1000 LEP customers per LEP language n Notice of translated documents for less than 50 LEP speakers per language

Posting Requirement n n Language assistance posters in LEP languages of LEP groups Equal opportunity polices and grievance procedures in LEP languages of LEP groups Notice to LEP clients, patients, and participants of the organization’s translation policies on vital document Notify patients, clients and customers the organization’s methods of providing alternative means of communicating

Complaint Process Two kinds of complaints: l l PROGRAM DISCRIMINATION

Complaint Process Program complaints involve claims that folks operating the program failed to observe the program’s rules and procedures

Complaint Process Applicants and participants must be given accurate and complete information on the complaint process for program and discrimination complaints

Complaint Process Discrimination may be examined from two perspectives: = l DISPARATE TREATMENT DISPARATE IMPACT

Complaint Process Disparate treatment discrimination claims assert that applicants and participants are treated differently for no other reason than race, sex, disability or status as a participant

Complaint Process Disparate impact discrimination asserts that broad patterns of discrimination operate to disadvantage protected class applicants and participants and that these patterns are measurable and significant

Standard of Proof = The standard of proof in investigations under Title VI and similar non-discrimination statutes is: preponderance of the evidence

Complaint Process U. S. DHHS - discrimination complaint procedures allow local processing of complaints 2. USDA - discrimination complaint procedures allow state or federal level processing of complaints 3. U. S. DOL - allows no local processing of discrimination complaints. 1.

Complaint Procedures must be consistent with federal and state statutes, regulations, and guideline

Complaint Procedures must be explained to applicants and participants posted prominently in places where one might reasonably expect them to be seen in languages of major LEP groups

Complaint Procedures Applicants and participants must be provided assistance in filing their complaints

Complaint Procedures Complaints must be referred or processed in a timely manner Grantees and Contractors must keep records of complaints received referred and resolved

Complaint Procedures Complaints may be used as a basis to determine whether Grantees or Contractors will receive or continue to receive federal financial assistance

Afternoon Break 10 Minutes

Complaint Procedure Requirements Where can Complaints be filed? DHFS Office of Affirmative Action and Civil Rights Compliance

Complaint Procedure Requirements = = = U. S. Department of Health and Human Services Office of Civil Rights - Region V, Chicago. IL. U. S. Department of Justice - Civil Rights Division Washington, D. C. Food and Consumer Services - Civil Rights Program - U. S. Department of Agriculture Chicago, IL.

Department of Health and Family Services Office of Affirmative Action and Civil Rights Compliance 1 West Wilson Street, Room 555 P. O. Box 7850 Madison, WI 53707 -7850 Fax: (608)-267 -2147 TTY: (888)701 -1251

Contacts Regina Cowell, Director (608)-266 -3465 Cowelre@dhfs. state. wi. us David Duran, Civil Rights Compliance Officer (608)-266 -9372 Voice Durand@dhfs. state. wi. us Ying Lee, Equal Opportunity Specialist, Bilingual (680)-267 -3356 Voice Lee. YB@dhfs. state. wi. us

Post-Test/Questions Answers

Thank you for your Attention and Participation

End, Fin, ′Dhamaad’, Қонец Kraj, Tas, Topos na, Zai Jian