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 Office of Affirmative Action and Civil Rights Compliance

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

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

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

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

Pretest

7 Common Types Of Federal Financial Assistance - Loans - Grants - 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

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

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

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

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

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

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

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

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 of civil rights:  Freedom of speech, press, assembly  Right to vote  Freedom from involuntary servitude (human trafficking)  Right to equality in public places Charles Hamilton Houston “Charles Hamilton Houston is the Moses of the journey that led to brown and beyond” by Thurgood Marshall

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

Title VI of the Civil Rights Act of prohibits discrimination on the basis of “race, color, or national origin.... Under any program or activity receiving federal assistance” 42 U.S.C.: 2000d 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 Authorizes federal agencies to enact “rules, regulations, and orders of general applicability” to achieve the statute’s objectives 42 U.S.C. 2000d. Authorizes federal agencies to enact “rules, regulations, and orders of general applicability” to achieve the statute’s objectives 42 U.S.C. 2000d. All Federal agencies regulation’s prohibit: All Federal agencies regulation’s prohibit:  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 An intent claim alleges that similarly situated persons are treated differently because of their: An intent claim alleges that similarly situated persons are treated differently because of their:  Race  Color or  National origin Retaliation is always investigated using the intent theory Retaliation is always investigated using the intent theory Martin Luther King Jr., Dr Spock and Reverend Rice

Unintentional Discrimination and Disparate Impact Neutral policies or practices which disproportionately exclude or adversely affect protected classes; Neutral policies or practices which disproportionately exclude or adversely affect protected classes;  Limited English Proficiency (LEP) complaints are generally investigated using this legal theory  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 Services in Languages Other Than English Title VI prohibits the uses of criteria or methods of administration having: 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. Universal regulatory language incorporates a disparate impact standard into Title VI.

Morning Break 10 Minutes

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

Meaningful Accessibility  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

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 The County, subcontractors and vendors funded with DHFS funds must comply The County, subcontractors and vendors funded with DHFS funds must comply  Organizations having (25) employees or more and $25,000 or more in funds must complete plan  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  If organization receives Federal or State funds from a different agency, other requirements may apply

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

State and County Mutually Funded Subcontractors Must complete and submit an AA/CRC Plan to DHFS Must complete and submit an AA/CRC Plan to DHFS Must comply with DHFS AA/CRC requirement and those of Milwaukee County Must comply with DHFS AA/CRC requirement and those of Milwaukee County DHFS take lead in reviewing and approving jointly funded subcontractor’s Plans 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 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 County may impose its own AA/CRC requirements as long as they are not in conflict with DHFS requirements and Federal regulations 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 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 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 Submission of DOA-3607, DOA-3024 and DOA are optional for the County Submission of DOA-3607, DOA-3024 and DOA are optional for the County These forms are only required when a subcontractor or vendor is doing business with DHFS other state agency 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: If exempted because organization has less than (25) employees and less than $25,000 in funds: Organization must submit a Letter of Assurance but no DOA form unless required by the County Organization must submit a Letter of Assurance but no DOA form unless required by the County

Request for Proposals and Contract Compliance Language Bidders are obligated to adhere to State and Federal non-discrimination laws, regulations 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 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 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 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 Record disability, race, and ethnicity data: Record disability, race, and ethnicity data: Employees Employees Patients, Clients, and Participants Patients, Clients, and Participants Record: Record: Interpretation needs of LEP Interpretation needs of LEP Inventory of written vital documents needing translations Inventory of written vital documents needing translations Sign language interpreter needs Sign language interpreter needs Accommodation needs of persons with disabilities Accommodation needs of persons with disabilities Data collection process must be ADA and HIPPA regulation compliant Data collection process must be ADA and HIPPA regulation compliant

Components of an AA/CRC Plan Affirmative action:  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  When there is under-representation in any job category, the organization must take affirmative action steps to correct the under- representation 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: Zjerma – Fofo Zjerma – Fofo Hausa – Sanou Hausa – Sanou Spanish – Hola, Buen Dia Spanish – Hola, Buen Dia Qechua – Imaynalla Qechua – Imaynalla Aymara – Kamisaraki Aymara – Kamisaraki French – Bonjour French – Bonjour Djioulja – Ekakennewa Djioulja – Ekakennewa Armenian – Barev Armenian – Barev Arabic – Saalamu ‘lekum Arabic – Saalamu ‘lekum Chickewa – Moni Chickewa – Moni Amharic – Teanastellen Amharic – Teanastellen Tigrinya – Selam Tigrinya – Selam Aymara – Kamisaraki Aymara – Kamisaraki Mina – Ofoan Mina – Ofoan Kabye – N’louale Kabye – N’louale Kotokoli - Gnafinikaza Kotokoli - Gnafinikaza Nawdme – Reda hom? Nawdme – Reda hom? Bulgarian – Zdraveite Bulgarian – Zdraveite Mongolian – Sain baina uu Mongolian – Sain baina uu Hmong – Nyob Zoo 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”

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

Ability To Speak English Milwaukee Co (Census Years and Over) Hispanic or Latino: Well10,961 Well10,961 Not Well10,304 Not Well10,304 Not At All 6,212 Not At All 6,212 TOTAL27,477 Asian: Well5,362 Well5,362 Not Well2,718 Not Well2,718 Not At All 736 Not At All 736 TOTAL8,816

Milwaukee Refugee Populations (State DWD/Refugee Services) Hmong10,218 Hmong10,218 Lao 2,755 Lao 2,755 Vietnamese 1,779 Vietnamese 1,779 Cambodian 79 Cambodian 79 FSU 2,376 FSU 2,376 FYUG 1,419 FYUG 1,419 Africa 442 Africa 442 Other/Cuban 1,498 Other/Cuban 1,498 TOTAL 20,566

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

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

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

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

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

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

Posting Requirement Language assistance posters in LEP languages of LEP groups Language assistance posters in LEP languages of LEP groups Equal opportunity polices and grievance procedures 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 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 Notify patients, clients and customers the organization’s methods of providing alternative means of communicating

Complaint Process Two kinds of complaints: PROGRAM PROGRAM DISCRIMINATION DISCRIMINATION

Complaint Process Program complaints involve claims that folks operating the program failed to observe the program’s 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 the complaint process for program and discrimination complaints

Complaint Process Discrimination may be examined from two perspectives:  DISPARATE TREATMENT DISPARATE IMPACT 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 U.S. DHHS - discrimination complaint procedures allow local processing of complaints USDA - discrimination complaint procedures allow state or federal level processing of complaints USDA - discrimination complaint procedures allow state or federal level processing of complaints U.S.DOL - allows no local processing of discrimination complaints. U.S.DOL - allows no local processing of discrimination complaints.

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

Complaint Procedures 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 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 Fax: (608) TTY: (888)

Contacts Regina Cowell, Director (608) David Duran, Civil Rights Compliance Officer (608) Voice Ying Lee, Equal Opportunity Specialist, Bilingual (680) Voice

Post-Test/Questions Answers

Thank you for your Attention and Participation

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