Milwaukee Co. Dept of Health and Human Services Division of Behavioral Health

1. Milwaukee Co. Dept of Health and Human ServicesDivision 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

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

3. Agenda • 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

4. Agenda • 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

5. Training Objectives • 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 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

6. Pretest

7. 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 Common Types Of Federal Financial Assistance

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

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

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

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

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

13. Non-Discrimination Laws for Service Delivery • 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

14. Non-Discrimination Laws for Service Delivery • 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

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

16. Discrimination • When the civil rights of an individual aredenied 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

17. 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.: 2000d Supreme Court Justice Thurgood Marshall Thurgood Marshall

18. 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

19. 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. • 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.”

20. 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.

21. Intentional Discriminationand Disparate Treatment • 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 Martin Luther King Jr., Dr Spock and Reverend Rice

22. Unintentional Discrimination and Disparate Impact • 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

23. National Origin Discrimination 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.

24. Morning Break 10 Minutes

25. 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.

26. 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

27. 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

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

29. Direct Recipients of DHFS Funding Must File a Plan • 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

30. 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: • 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.

31. State and County Mutually Funded Subcontractors • 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

32. 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 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

33. Subcontractors – Vendors Funded Directly by Milwaukee County • 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: • Organization must submit a Letter of Assurance but no DOA form unless required by the County

34. Request for Proposals and Contract Compliance Language • 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

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

36. Affirmative Action and Civil Rights Compliance Plan Components

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

38. 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

39. Components of an AA/CRC Plan Equal Opportunity Requirements: • Customer Service Population Analysis • Policy Statement & Notification • Designation of Equal Opportunity Coordinator • Access to Services • Discrimination Complaint/Grievance Procedure • Self evaluation

40. Components of an AA/CRC Plan LEP Requirements: • Customer Service Language Access Data • LEP Policies Statement & Notification • Designation of LEP Coordinator • Access to Services • LEP Discrimination Complaint/Grievance Procedures • Self Evaluation

41. 1 Hour Lunch Break

42. Zjerma – Fofo Hausa – Sanou Spanish – Hola, Buen Dia Qechua – Imaynalla Aymara – Kamisaraki French – Bonjour Djioulja – Ekakennewa Armenian – Barev Arabic – Saalamu ‘lekum Chickewa – Moni 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 Greetings in:

43. Limited English Proficiency(LEP) Requirements

44. 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. 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

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

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

48. Contractor’s Obligations to Comply with Executive Order 13166 • 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

49. Four Factor Analysis • 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.

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