Civil Rights Compliance Letter of Assurance



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Civil Rights Compliance Letter of Assurance

Children and Families

DCF-F-154-E



Health Services

F-00165


Workforce Development

DETS-16705-E (R. 12/1/2013)



(For the Civil Rights Compliance Period from January 1, 2014, to December 31, 2017)
As a condition of funding under this contract(s), (Recipient),
A. Service Delivery: Services will be provided without discrimination in compliance with the following laws, guidance and regulations; however, there are other statutes that apply to recipients of specific federal program such as specific grant-related civil rights statutes that may also apply (live links can be found under B. Authority, starting on page 6 of this document):


  • Title VI of the Civil Rights Act of 1964, HHS 45 CFR Part 80 Regulations

  • Section 504 of the Rehabilitation Act of 1973 - Nondiscrimination on the basis of disability in the provision of benefits or services or the conduct of programs or activities. This includes the prohibition of employment discrimination by Recipients of Federal financial assistance from U.S. DHHS

  • Age Discrimination Act of 1975, as amended 45 CFR Part 90

  • Discrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance From HHS 45 CFR Part 91

  • Titles VI and XVI of the Public Health Service Act (42 U.S.C. 291 et. seq., and 42 U.S.C. 300s et. seq.)

  • Section 542 of the Public Health Service Act, as amended, (42 U.S.C. 290dd-1) bars discrimination in admission or treatment against substance abusers suffering from medical conditions by Federally-assisted hospitals and outpatient facilities. The HHS regulation is 45 CFR Section 84.53

  • Education Amendments of 1972 - Title IX, as amended

  • Title II of the Americans with Disabilities Act of 1990 as amended (42 U.S.C. 12131 et. seq.)

  • Civil Rights Act of 1991

  • Statutory amendments made by the Civil Rights Restoration Act of 1987 (CRRA)

  • Executive Order 13166 Limited English Proficiency Guidelines

  • DOJ F.R. Vol. 65, No. 159 / Wednesday, August 16, 2000 / Notices 50123 Enforcement of Titlte VI of the Civil Rights Act of 1964—National Origin Discrimination Against Persons with Limited English Proficiency, Policy Guidance

  • The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)

  • Section 1808(c) of the Small Business Job Protection Act of 1996 prohibits covered agencies and entities from discriminating on the basis of race, color and national origin in child placement decisions in adoption and foster care. The regulation is 42 U.S.C. § 1996b.

  • Sections 794 and 855 of the Public Health Service Act, 42 U.S.C. 295m and 296g, prohibits discrimination on the basis of sex (gender) in Federally-Assisted Health Training Programs.  The regulation is 45 CFR.Part 83

  • Section 508 of the Social Security Act prohibits discrimination on the basis of age, race, color, national origin, disability, sec (gender), or religion in the Maternal and Child Health Service Block Grant 42 U.S.C. § 708

  • Section 533 of the Public Health Service Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in Projects for Assistance in Transition from Homelessness 42 U.S.C.§ 290cc-33

  • Section 1908 of the Public Health Service Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs, services, and activities funded by Preventative Health and Health Services Block Grants 42 U.S.C. § 300w-7

  • Section 1947 of the Public Health Service Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs and activities funded by Community Mental Health Services Block Grant and Substance Abuse Prevention and Treatment Block Grants 42 U.S.C. § 300x-57

  • The Family Violence Prevention and Services Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs and activities funded under this Act 42 U.S.C. § 10406

  • The Community Services Block Grant Act prohibits discrimination on the basis of race, color, national origin, or sex (gender) in programs and activities funded under this Act 42 U.S.C. § 9918

  • Policy Guidance Document: Enforcement of Title VI of the Civil Rights Act of 1964 and Related Statutes in Block Grant-Type Programs

  • Title I, Section 1557, The Affordable Care Act prohibits discrimination on the basis of gender identity and sex stereotyping

  • Church Amendments, 42 U.S.C. 300a-7, section 245 of the Public Health Service Act, 42 U.S.C. 238n, and the Weldon Amendment, Consolidated Appropriations Act, 2010, Public Law 111-117, Div. D, Sec. 508(d), 123 Stat. 3034, 3279-80, referred to collectively as the “federal health care provider conscience protection statutes.”

  • Food Stamp Act of 1977, as amended, 7 U.S.C. s.2011-2036. 7 CFR Parts 271-285

  • Section 17 of the Child Nutrition Act of 1966, as amended. 7 CFR Part 246 Special Supplemental Nutrition Program for Women, Infants and Children

  • Part 251 - The Emergency Food Assistance Act of 1983 (Public Law 98-8), as amended, 7 CFR Part 250 and 251, SDA Regulations 7 CFR Part 16, Equal Opportunity for Religious Organizations

  • USDA Departmental Regulation 4330-2, Activities Receiving USDA Financial Assistance, ensures compliance with and enforcement of the prohibition against discrimination in programs and activities funded in whole or in part by the U.S. Department of Agriculture.

  • Title VII of the Civil Rights Act of 1964

  • Title I of the Americans with Disability Act of 1990

  • Age Discrimination in Employment Act of 1967

  • Equal Pay Act of 1963, as amended

  • Executive Order 11246, as amended

  • Fair Employment Law Sections 111.31-111.395 of the Wisconsin Statutes

  • Chapter 106.52 Public Places of Accommodation

  • Employee Relations, Chapter 230

No otherwise qualified person shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination in any manner on the basis of age, race, color, national origin, sex, gender identity, disability, or having an association with a person with a disability, religion, retaliation, and applicable political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the DCF, DHS, or DWD. The Federal Heatlh Care Provider Conscience Protection law prohibits recipients of certain federal financial assistance from discriminating against certain health care providers because of the provider’s refusal or willingness to participate in sterilization procedures or abortions contrary to or consistent with the provider’s religious beliefs or moral convictions. The Genetic Information Nondiscrimination Act of 2008 (P.L. 110-233, 122 Stat. 881)1, also referred to as GINA, applies to certain health care entities and providers that prohibits discrimination in health coverage and employment based on genetic information. (Not all prohibited bases will apply to all programs and/or employment activities.)


The Recipient will:

  1. Provide training to all staff on the CRC laws, and methods of providing meaningful and effective cross-cultural services to diverse populations from different cultures, linguistic, and/or physical conditions through the provision of cultural awareness skill training. Primary recipients and sub-recipients administering USDA-FNS funded programs must provide CRC training to all frontline staff who interact with program applicants and participants, not limited to supervisors and administers, annually. Non USDA-FNS funded recipients must provide CRC training and/or cross-cultural awareness training for each staff person during the employee’s initial orientation process and once every three years thereafter.

  2. Provide accessible programs, facilities and reasonable accommodations to service participants/ customers with disabilities in compliance with Section 504 of the Rehabilitation Act of 1973, Title II of the Americana with Disabilities Act of 1990 as amended (ADA) and is applies to local governments and municipalities, Title III of the ADA or Wisconsin Civil Rights Statute Chapter 106.52 Public Places of Accommodations or Amusement, and DWD Chapter 221.1.

  3. Upon request, provide an American Sign Language (ASL) interpreter or a nationally certified or Wisconsin Interpreting and Transliterating Assessment (WITA)-verified sign language interpreter to assist deaf and hard-of-hearing applicants.

  4. Provide other options for effective communication (e.g., TTY, or other appropriate technology) for deaf and hard-of-hearing clients who do not use ASL. Provide an oral interpreter for an applicant/participant with limited English proficiency (LEP) to ensure meaningful participation in the organization’s programs and services.

  5. Provide LEP applicants/participants with written notice of their right to receive oral interpretation in their primary language free of charge.

  6. Provide translation of vital documents for each eligible LEP group that constitutes at least 5 percent or 1,000 individuals, whichever is less, of the population eligible to be served or likely to be encountered in the recipient’s service area.

  7. Establish an appeal or complaint process that shall be posted in the different languages of those LEP groups like to be eligible and likely to be encountered in the recipient’s service area. The appeal and/or complaint process must be posted in conspicuous places such as lobbies and waiting rooms available to applicants/clients.


B. Employment Conditions: Employment discrimination is prohibited by Title VII of the Civil Rights Act of 1964, Title I of the ADA of 1990 as amended, Section 504 of the Rehabilitation Act of 1973, Age Discrimination in Employment Act of 1976, Ch. 111.31 to 111.395 (Wis. Fair Employment Act), Wisconsin Statutes, Chapter 230, Chapter 106.52 Public Places of Accommodations; Wisconsin Contract Compliance Law, Chapters 16.765 and 51.01(5), Wis. Stats., Executive Order 11246, as amended, and other laws requiring nondiscrimination in employment. Title VI of the Civil Rights Act of 1964 statutorily restricts claims of employment discrimination to instances where the "primary objective" of the financial assistance is to provide employment; however, a recipient's employment practices may be subject to Title VI when these practices negatively affect the delivery of services to ultimate beneficiaries. When employment discrimination by a recipient has a secondary effect on the ability of beneficiaries to meaningfully participate in and/or receive the benefits of a federally assisted program in a nondiscriminatory manner, these employment practices will come within the purview of Title VI.
No otherwise qualified person shall be excluded from employment, be denied the benefits of employment or otherwise be subjected to discrimination in employment in any manner or term of employment on the basis of, race, creed, color, national origin, ancestry, age, sex/gender, gender identity, disability, arrest and conviction record, sexual orientation, marital status, familial or parental status or all or part of an individual’s income is derived from any public assistance program, and membership in the military reserve. State law prohibits honesty and genetic testing or protected genetic information in employment, discrimination due to filing a complaint or because of the use or nonuse of lawful products outside the workplace during nonworking hours. The Federal Health Care Provider Conscience Protection Law protects certain health care providers on the basis of religion. All employees, especially supervisors and managers, are expected to support goals and programmatic activities relating to nondiscrimination in employment.
The DCF, DHS and DWD are aware of, and respect tribal rights in the area of employment that includes “Indian Preference” that exempts the tribes from compliance with specific employment civil rights laws. The DCF, DHS and DWD will work in a government-to-government relationship through “Consultation and Coordination” with Wisconsin Indian Tribal Governments when an employment discrimination complaint is filed against a funded Indian Tribe. Furthermore, USDA-FNS 7 CFR Part 272.2(b) 3., requires DHS to implement the Supplemental Nutrition Assistance Program (SNAP) in a manner that is responsive to the special needs of American Indians on reservations and consult in good faith with tribal organizations about that portion of the State’s SNAP Plan of Operation pertaining to the implementation of the Program for members of the tribe on reservations.
The Recipient will:

  1. Fairly and consistently administer and revise policies and procedures to comply with federal and state employment laws.

  2. Establish policies and processes that eliminate bias and assure Equal Opportunity for all employment actions, i.e., hiring and selection up to voluntary or involuntary termination.

To assist in complying with all applicable Civil Rights Compliance rules, regulations and guidelines, I have appointed as Equal Opportunity Coordinator:




Name of Equal Opportunity Coordinator

     


Title

     


Telephone Number

    -    -    



Email Address

     

To assist in complying with all applicable Limited English Proficiency rules, regulations and guidelines, I have appointed as the Limited English Proficiency Coordinator:

LEP Coordinator Name

     

LEP Coordinator Title

     


Telephone Number

    -    -    



Email Address

     

The (Recipient) agrees to comply with civil rights monitoring reviews, including the examination of records and relevant files maintained by the agency, as well as interviews with staff, clients and applicants for services, subcontractors, and referral agencies.
The (Recipient) agrees to cooperate with DCF, DHS, and DWD in developing, implementing, and monitoring corrective action plans that result from complaint investigations or other monitoring efforts.
The (Recipient) agrees to implement the requirements of the CRC Letter of Assurance.
The (Recipient) agrees to conduct an annual self-assessment as required below.


  • Self-Assessment Requirement--Primary recipients and sub-recipients are expected to annually conduct a self assessment of policies and practices to ensure civil rights and EO compliance. In the event of a monitoring visit by the funding agency, we will likely request a copy of your most recent self assessment.

_________________________________________ ______________________________



SIGNATURE - Executive Director or CEO Date Signed

Co-authored by: Departments of Children and Families, Health Services; and Workforce Development

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