Civil Rights Act Office for Civil Rights (OCR). What Laws Does OCR Enforce? “No person shall on...
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Transcript of Civil Rights Act Office for Civil Rights (OCR). What Laws Does OCR Enforce? “No person shall on...
Civil Rights Act
Office for Civil Rights (OCR)
What LawsDoes OCR Enforce?
“No person shall on the ground of race, color or national origin, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
What LawsDoes OCR Enforce?
Section 504 of the Rehabilitation Act of 1973
first comprehensive civil rights law for people with disabilities in the areas of:employment public accommodationsTelecommunicationsfederally-funded programsgovernment agencies
What LawsDoes OCR Enforce?
The Age Discrimination Act :Applies to all agesExceptions that permit the use of agedistinctions in programs and activities
Jurisdiction and Authority
OCR jurisdiction:• State agencies • Hospitals • Welfare programs• Nursing homes • Substance abuse treatment centers• Day care centers • Medicaid HMOs, etc• Child service agencies • Outpatient rehabilitation clinics• Public health clinics• Rural health agencies• Adult day activity programs • Home health agencies and hospices• Area agencies on aging
Jurisdiction and Authority
HHS Protects beneficiaries from
discrimination in Services. LEP
Financial Jurisdiction
Must be a recipient of federal financial assistance. Examples:
* Medicare Part A* Medicaid* TANF Block grants* Hill-Burton* Research grants from the National Institutes of
Health* Title IV-E (children services)* Ryan White Care Act funds
Title VI of the Civil Rights Act
No person in the United Statesshall on the ground of race, coloror national origin, be excludedfrom participation in, be denied thebenefits of, or be subjected todiscrimination under any programor activity receiving Federalfinancial assistance.
– Section 601 of Title VI of the Civil Rights Act of 196442 U S C Section 2000d et seq
Who Is A Limited EnglishProficient (LEP) Person?
An LEP individual is a person
who does not speak English
as their primary language and
who has a limited ability to
read, write, speak or
understand English.
The Supreme Court Decision
Title VI prohibits conduct that has a
disproportionate effect on LEP
persons because such conduct
constitutes national-origin
discrimination.
- Lau v Nichols, 1974
Types of IllegalDiscrimination
1. Intentional
2. Disparate Impact
Examples of IllegalDiscrimination
Denying a benefit or opportunity to Participate
Providing different services/benefits Providing services/benefits in a
different manner or in a segregated environment
Restricting privileges Discriminatory policies/procedures
LEP and Title VI
To comply with Title VI federally-funded entities must take reasonable steps to ensure meaningful access to their programs, activities and services for LEP persons..
Department of Health & HumanServices
Office for Civil Rights Offers:Policy Guidance to Discrimination
Affecting “Limited English Proficient Persons” (LEP)
HHS LEP Guidance
Guidance develop plans improve access
- www.hhs.gov/ocr
What Must Recipients Do?
take reasonable steps to ensure meaningful access to their programs, activities and services
Using the Four-Factor Analysisto Determine the Recipient’sObligation
1. Number or Proportion
2. Frequency of Contact
3. Nature and Importance
4. Costs and Resources
Factor 1: Number or Pro portion of LEP Persons …
How many LEP persons? Potential data sources:
encounter dataData from Census, school systems,
state and local governmentcommunity organizations
Also consider:minors of LEP parents/guardiansunderserved population
Factor 2: Frequency With Which LEP individuals come into contact with program, activity or service
How often is a particular language encountered?
Factor 3: Nature and Importance of the Program, Activity, or Service
Importance of activity, information, service, or program
Possible consequences of not communicating
Denial causes life-threatening implications
Factor 4: Costs and Resources Available to the Recipient
reasonable costs of language assistance services
resources
Ways to Provide Cost-Effective Language Services
Information sharing. Training bilingual staff. Telephone & video conference services. Pooling resources, standardizing
documents. qualified translators/interpreters to avoid
errors / unnecessary costs. Centralizing services. qualified volunteers.
Selecting LanguageAssistance Services
Options for Oral Language Services:Bilingual StaffStaff InterpretersContractorsTelephone Lines & Video
TeleconferencingCommunity Volunteers
Family Members or Friends as Interpreters
recipients should: Announce Interpreter at no cost Not required to provide own interpreter Do not rely on family members or friends Evaluate whether, interpreter should be
provided
Use of Family Members or Friends: Special Concerns
Providers respect LEP Persons’ desire to:interpreter of their own choosing
instead of free language assistance subject to:
• Issues of competence, appropriateness, conflicts of interests, and confidentiality
• caution when a LEP person asks a minor child to serve as an interpreter
Written Translations
Vital written materials should be translated.
Vital Written Materials Could Include, for instance…
Consent and complaint forms Intake forms Written notices of actions affecting parental
custody or child support Advisement of free language assistance Written competency tests for license/job/skills
where English is not required Applications to participate in a
program/activity
Non-vital Documents Could Include, for instance…
Hospital menus Public service documents For a non-governmental recipient,
government documents and forms Large Documents General Information about the
program for informational purposes only
Written Translations: Into What Languages Should Documents be Translated?
Distinctions between frequently-encountered and less commonly-encountered languages
Written Translations “Safe Harbor”
Strong evidence of compliance If the recipient does not meet the
circumstances in the safe harbor, it does not mean there is non-compliance
“Safe Harbors”
(A) All vital documents are translated for each LEP group of 5% or 1000 of the eligible population
OR(B) If there are fewer than 50 persons in a
language group that reaches the 5% in (A), a recipient can instead provide written notice in the primary language of the right to receive oral interpretation of those written materials, free of cost
Websites
Website Information www.hhs.gov/ocr/ www.lep.gov
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