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

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

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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 - PowerPoint PPT Presentation

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Page 1: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Milwaukee Co. Dept of Health Milwaukee Co. Dept of Health and Human Servicesand Human Services

Division of Behavioral HealthDivision of Behavioral Health

Affirmative Action and Civil Rights Compliance Affirmative Action and Civil Rights Compliance Requirements for County Programs,Requirements for County Programs,

Subcontractors, and VendorsSubcontractors, and VendorsDavid Duran, Civil Rights Compliance OfficerDavid Duran, Civil Rights Compliance Officer

Department of Health and Family ServicesDepartment of Health and Family Services Office of Affirmative Action and Civil Rights Office of Affirmative Action and Civil Rights

ComplianceCompliance

Page 2: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Welcome, Bienvenidos, Zoo Siab Welcome, Bienvenidos, Zoo Siab Txais Tos, Dobro DoTxais Tos, Dobro Došli, šli, добро добро пожаловать, ’So Dhowaada’, пожаловать, ’So Dhowaada’,

Benvenuto, Welkom, Bienvenue, Boa Benvenuto, Welkom, Bienvenue, Boa Vinda, Vinda, ترحيبترحيب,, Willkommen, Huan Willkommen, Huan

YingYingIntroductionsIntroductions

Page 3: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

AgendaAgenda

Welcome and IntroductionWelcome and Introduction Training ObjectivesTraining Objectives PretestPretest Federal financial assistance and common Federal financial assistance and common

recipients recipients DHFS/DWD programs obligated to comply with DHFS/DWD programs obligated to comply with

non-discrimination lawsnon-discrimination laws Types of discrimination Prohibited under Title VITypes of discrimination Prohibited under Title VI Morning breakMorning break

Page 4: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

AgendaAgenda Accessibility to programs, services, and activities Accessibility to programs, services, and activities

by persons with disabilitiesby persons with disabilities Affirmative action and civil rights compliance Affirmative action and civil rights compliance

plan requirements plan requirements LunchLunch LEP language assistance and save harbor LEP language assistance and save harbor

guidelines guidelines Complaint process and procedures Complaint process and procedures Post-testPost-test Questions and AnswersQuestions and Answers AdjournmentAdjournment

Page 5: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Training ObjectivesTraining Objectives

Understand compliance obligations for Understand compliance obligations for contractors, subcontractors and vendors under contractors, subcontractors and vendors under Federal and State non-discrimination lawsFederal and State non-discrimination laws

Clarify who protected groups covered by non-Clarify who protected groups covered by non-discrimination lawsdiscrimination laws

Clarify Affirmative Action and Civil Rights Clarify Affirmative Action and Civil Rights Compliance Plan requirements for County Compliance Plan requirements for County program, contracts, subcontractors and vendors program, contracts, subcontractors and vendors

Clarify LEP Save Clarify LEP Save Harbor language assistance requirements and complaint processing requirements and complaint processing

Provide an opportunity for questions and answersProvide an opportunity for questions and answers

Page 6: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

PretestPretest

Page 7: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

77

Common Types Of Federal Common Types Of Federal Financial AssistanceFinancial Assistance

- LoansLoans- GrantsGrants- Grants or loans of Grants or loans of

federal propertyfederal property- Use of equipment & Use of equipment &

donations of donations of surplus propertysurplus property

- TrainingTraining- Details of Federal Details of Federal

personnelpersonnel- Any other Any other

agreement or agreement or contract to provide contract to provide assistance assistance

Page 8: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

88

Common Common Recipients Receiving Recipients Receiving Federal Financial AssistanceFederal Financial Assistance

Hospitals, nursing Hospitals, nursing homes, home health homes, home health agencies, managed agencies, managed care organizationscare organizations

State, county and State, county and local welfare local welfare agenciesagencies

Universities and Universities and other health or other health or social service social service research programsresearch programs

Programs for Programs for families, youth and families, youth and childrenchildren

Head Start Head Start programsprograms

Physicians and Physicians and other providers who other providers who receive Federal receive Federal financial assistance financial assistance from HHSfrom HHS

Page 9: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Who Must Comply with Who Must Comply with AA/CRC Requirements in Wis.AA/CRC Requirements in Wis.

Programs, services, and activities receiving Programs, services, and activities receiving Federal assistance through DHFS/DWD from:Federal assistance through DHFS/DWD from: U.S. DHHSU.S. DHHS USDAUSDA U.S. DOLU.S. DOL

Page 10: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Types of Federal Financial Types of Federal Financial Assistance in WI.Assistance in WI.

DHFS and DWD programs support by DHHS:DHFS and DWD programs support by DHHS: Temporary Assistance to Needy Families Temporary Assistance to Needy Families

(TANF) or W-2, administered by DWD(TANF) or W-2, administered by DWD Medicaid,Medicaid, Long Term CareLong Term Care Mental Heath and AODA servicesMental Heath and AODA services Primary Health CarePrimary Health Care Public Health ServicesPublic Health Services Child CareChild Care Child Support,Child Support, Aging Services Aging Services Head-Start, not administered by DHFS or DWDHead-Start, not administered by DHFS or DWD

Page 11: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Types of Federal Financial Types of Federal Financial Assistance WI.Assistance WI.

• Program funded through USDA:Program funded through USDA: Food StampsFood Stamps Food Stamp Employment and Training Food Stamp Employment and Training

(FSET), administered by DWD(FSET), administered by DWD Women Infant and Children (WIC)Women Infant and Children (WIC) The Emergency Food Assistance Program The Emergency Food Assistance Program

(TEFAP) (TEFAP)

Page 12: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Types of Federal Financial Types of Federal Financial Assistance in WI.Assistance in WI.

Program supported through DOLProgram supported through DOL Workforce Investment Act (WIA)Workforce Investment Act (WIA) Unemployment InsuranceUnemployment Insurance Re-employment ServicesRe-employment Services

Page 13: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Non-Discrimination Laws for Non-Discrimination Laws for Service DeliveryService Delivery

Title VI of the Civil Rights Act of 1964 and Title VI of the Civil Rights Act of 1964 and Executive Order 13166 (LEP)Executive Order 13166 (LEP)

Title IX of the Education Amendment of 1972Title 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 504The Rehabilitation Act of 1973 Section 504 The Age Discrimination Act of 1975The Age Discrimination Act of 1975

Page 14: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Non-Discrimination Laws for Non-Discrimination Laws for Service DeliveryService Delivery

American with Disabilities Act of 1990 Title II, III American with Disabilities Act of 1990 Title II, III & IV& IV

Equal Pay Act of 1963Equal Pay Act of 1963 Omnibus Budget Reconciliation Act of 1981Omnibus Budget Reconciliation Act of 1981 Public Health Service Act, Titles VI & XVIPublic Health Service Act, Titles VI & XVI

Page 15: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

What is a Civil Right?What is a Civil Right?

A civil right is an enforceable right or privilege, A civil right is an enforceable right or privilege, which if interfered with by another gives rise to which if interfered with by another gives rise to an action for injuryan action for injury

Examples of civil rights:Examples of civil rights: Freedom of speech, press, assemblyFreedom of speech, press, assembly Right to voteRight to vote Freedom from involuntary servitude (human Freedom from involuntary servitude (human

trafficking)trafficking) Right to equality in public placesRight 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

Page 16: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

DiscriminationDiscrimination

When the civil rights of an individual areWhen the civil rights of an individual are denied denied or interfered with because of their membership in or interfered with because of their membership in a particular group or class:a particular group or class: RaceRace SexSex ReligionReligion AgeAge Previous condition of servitude Previous condition of servitude Physical limitationPhysical limitation National origin or sexual preferenceNational origin or sexual preference

Rosa Parks

Page 17: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Title VI of the Civil Rights Act Title VI of the Civil Rights Act of 1964of 1964

...prohibits discrimination on the basis of “race, ...prohibits discrimination on the basis of “race, color, or national origin.... Under any program or color, or national origin.... Under any program or

activity receiving federal assistance”activity receiving federal assistance”42 U.S.C.: 2000d42 U.S.C.: 2000d

Thurgood Marshall Supreme Court JusticeThurgood Marshall

Page 18: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Purpose of Title VIPurpose of Title VI

To ensure public To ensure public funds are not spent funds are not spent in a way that in a way that encourages, encourages, subsidizes, or subsidizes, or results in racial results in racial discriminationdiscrimination

Title VI bars Title VI bars intentional intentional discriminationdiscrimination President Lyndon B. Johnson signing

the Civil Rights Act on July 2, 1964

Page 19: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Title VITitle VI

Authorizes federal agencies to enact “rules, Authorizes federal agencies to enact “rules, regulations, and orders of general applicability” regulations, and orders of general applicability” to achieve the statute’s objectives 42 U.S.C. to achieve the statute’s objectives 42 U.S.C. 2000d.2000d.

All Federal agencies regulation’s prohibit:All Federal agencies regulation’s prohibit: Use of Use of criteriacriteria or or methodsmethods of administration of administration

that have the effect of discriminating against that have the effect of discriminating against protected classes based on race, color or protected classes based on race, color or national origin.”national origin.”

Page 20: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

U.S. Supreme CourtU.S. Supreme Court

……has held that such regulations may prohibit has held that such regulations may prohibit practices having a practices having a disparate impactdisparate impact on protected on protected groups, whether or not the action or practices are groups, whether or not the action or practices are

intentionally discriminatory.intentionally discriminatory.

Page 21: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Intentional DiscriminationIntentional Discriminationand Disparate Treatmentand Disparate Treatment

An intent claim alleges that similarly situated An intent claim alleges that similarly situated persons are treated differently because of their:persons are treated differently because of their: RaceRace Color orColor or National originNational origin

Retaliation is always investigated using the Retaliation is always investigated using the intent theory intent theory

Martin Luther King Jr.,Dr Spock and Reverend Rice

Page 22: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Unintentional Discrimination Unintentional Discrimination and Disparate Impactand Disparate Impact

Neutral policies or practices which Neutral policies or practices which disproportionately exclude or adversely affect disproportionately exclude or adversely affect protected classes;protected classes; Limited English Proficiency (LEP) Limited English Proficiency (LEP)

complaints are generally investigated using complaints are generally investigated using this legal theorythis legal theory

Investigations focus on the consequences Investigations focus on the consequences and do not require proof of discriminatory and do not require proof of discriminatory intentintent

Note: Reasons why data collection is very important for an agency as (1) monitoring device and (2) critical indicator to guide strategic planning

Page 23: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

National Origin DiscriminationNational Origin Discrimination

Services in Languages Other Than EnglishServices in Languages Other Than English Title VI prohibits the uses of criteria or methods Title VI prohibits the uses of criteria or methods

of administration having:of administration having: ““the effect of defeating or substantially the effect of defeating or substantially

impairing accomplishment of program impairing accomplishment of program objectives with respect to individuals of a objectives with respect to individuals of a particular race, color or national origin.”particular race, color or national origin.”

Universal regulatory language incorporates a Universal regulatory language incorporates a disparate impact standard into Title VI. disparate impact standard into Title VI.

Page 24: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Morning Break 10 MinutesMorning Break 10 Minutes

Page 25: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Meaningful Meaningful AccessibilityAccessibility

Equal opportunity and Physical accessibility to all:Equal opportunity and Physical accessibility to all: Programs, services and activitiesPrograms, services and activities Eliminating building barriersEliminating building barriers Providing culturally and linguistic competent, Providing culturally and linguistic competent,

programs and services programs and services Development effective methods of Development effective methods of

communicating with Deaf and Hard of Hearing, communicating with Deaf and Hard of Hearing, visually impair or illiterate. visually impair or illiterate.

Page 26: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Meaningful Meaningful AccessibilityAccessibility

ADA Title I apply to employment related issues ADA Title I apply to employment related issues and employment accommodations requirementsand employment accommodations requirements

ADA Title II Part A apply to the ADA Title II Part A apply to the publicpublic service service (State, County, Municipalities) (State, County, Municipalities)

ADA Title III apply to public accommodations ADA Title III apply to public accommodations and services operated by private entitiesand services operated by private entities

Section 504, 503 of the Rehabilitation Act of Section 504, 503 of the Rehabilitation Act of 1973 apply to County, subcontractors and 1973 apply to County, subcontractors and vendors receiving Federal Financial Assistance vendors receiving Federal Financial Assistance

Page 27: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

CommandmentsCommandments

The Ten Commandments of Communicating The Ten Commandments of Communicating With People With DisabilitiesWith People With Disabilities

Distributed by:Distributed by:Program Development AssociatesProgram Development Associates

5620 Business Ave Suite B5620 Business Ave Suite BCicero, NY 13039Cicero, NY 130391-800-543-21191-800-543-2119

www.pdassoc.comwww.pdassoc.com

Page 28: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Affirmative Action and Civil Affirmative Action and Civil Rights Compliance Plan Rights Compliance Plan

RequirementsRequirements

DHFS DHFS

January 1, 2004 to December 31, 2006January 1, 2004 to December 31, 2006

Page 29: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Direct Recipients of DHFS Direct Recipients of DHFS Funding Must File a PlanFunding Must File a Plan

The County, subcontractors and vendors funded The County, subcontractors and vendors funded with DHFS funds must complywith DHFS funds must comply

Organizations having (25) employees or more Organizations having (25) employees or more and $25,000 or more in funds must complete and $25,000 or more in funds must complete plan plan

Organizations with less then (25) employees Organizations with less then (25) employees and less then $25,000, they must submit a and less then $25,000, they must submit a Letter of Assurance an exemption request to Letter of Assurance an exemption request to file an AA Planfile an AA Plan

If organization receives Federal or State funds If organization receives Federal or State funds from a different agency, other requirements from a different agency, other requirements may applymay apply

Page 30: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Direct Recipients of DHFSDirect Recipients of DHFS Filing a Letter of Assurance Filing a Letter of Assurance

If your organization has less than (25) If your organization has less than (25) employees and receive less than $25,000, employees and receive less than $25,000, you must file:you must file: Letter of Assurance Letter of Assurance Notice to Vendor Filing Information (DOA-Notice to Vendor Filing Information (DOA-

3607)3607) Request for Exemption from submitting an Request for Exemption from submitting an

Affirmative Action (AA) Plan (DOA-3024) 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.16.765 Wis. Stat. and ADM 50 when doing business with the State.

Page 31: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

State and County Mutually State and County Mutually Funded SubcontractorsFunded Subcontractors

Must complete and submit an AA/CRC Plan to Must complete and submit an AA/CRC Plan to DHFS DHFS

Must comply with DHFS AA/CRC requirement Must comply with DHFS AA/CRC requirement and those of Milwaukee Countyand those of Milwaukee County

DHFS take lead in reviewing and approving DHFS take lead in reviewing and approving jointly funded subcontractor’s Plansjointly funded subcontractor’s Plans

Jointly funded subcontractors must submit proof Jointly funded subcontractors must submit proof of compliance with AA/CRC requirements to the of compliance with AA/CRC requirements to the County once approval is obtain County once approval is obtain

Page 32: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Subcontractors – Vendors Subcontractors – Vendors Funded Directly by Funded Directly by Milwaukee Milwaukee

CountyCounty County may impose its own AA/CRC requirements County may impose its own AA/CRC requirements

as long as they are not in conflict with DHFS as long as they are not in conflict with DHFS requirements and Federal regulationsrequirements and Federal regulations

County may adopt DHFS model AA/CRC policies, County may adopt DHFS model AA/CRC policies, procedures and format or use their ownprocedures and format or use their own

Written instructions and technical assistance must Written instructions and technical assistance must be provided to ensure Plans and Letters of be provided to ensure Plans and Letters of Assurance are filed with proper compliance office Assurance are filed with proper compliance office

Page 33: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Subcontractors – Vendors Subcontractors – Vendors Funded Directly by Funded Directly by Milwaukee Milwaukee

CountyCounty Submission of DOA-3607, DOA-3024 and DOA-Submission of DOA-3607, DOA-3024 and DOA-

3023 are optional for the County3023 are optional for the County These forms are only required when a These forms are only required when a

subcontractor or vendor is doing business with subcontractor or vendor is doing business with DHFS other state agency DHFS other state agency

If exempted because organization has less than If exempted because organization has less than (25) employees and less than $25,000 in funds:(25) employees and less than $25,000 in funds: Organization must submit a Letter of Organization must submit a Letter of

Assurance but no DOA form unless required Assurance but no DOA form unless required by the County by the County

Page 34: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Request for Proposals and Request for Proposals and Contract Compliance LanguageContract Compliance Language

Bidders are obligated to adhere to State and Bidders are obligated to adhere to State and Federal non-discrimination laws, regulationsFederal non-discrimination laws, regulations

Successful bidders must submit an AA/CRC Plan Successful bidders must submit an AA/CRC Plan or LOA (15 days from contract) to County and or or LOA (15 days from contract) to County and or DHFS DHFS

Jointly funded subcontractors and vendors must Jointly funded subcontractors and vendors must file proof that a Plan was approved by a State file proof that a Plan was approved by a State agency to the County agency to the County

All subcontracts should include language that All subcontracts should include language that assures the State and U.S. Government the right assures the State and U.S. Government the right to seek its judicial enforcement if Federal to seek its judicial enforcement if Federal Assistance is providedAssistance is provided

Page 35: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Affirmative Action and Civil Affirmative Action and Civil Rights Compliance Plan Rights Compliance Plan

Requirements Requirements Components of a Plan Components of a Plan

Page 36: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Affirmative Action and Civil Affirmative Action and Civil Rights Compliance Plan Rights Compliance Plan

Components Components

Page 37: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Data CollectionData Collection Record disability, race, and ethnicity data:Record disability, race, and ethnicity data:

EmployeesEmployees Patients, Clients, and ParticipantsPatients, Clients, and Participants

Record:Record: Interpretation needs of LEPInterpretation needs of LEP Inventory of written vital documents needing Inventory of written vital documents needing

translationstranslations Sign language interpreter needsSign language interpreter needs Accommodation needs of persons with Accommodation needs of persons with

disabilitiesdisabilities Data collection process must be ADA and Data collection process must be ADA and

HIPPA regulation compliant HIPPA regulation compliant

Page 38: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Components of an AA/CRC Components of an AA/CRC PlanPlan

Affirmative action:Affirmative action: Balance Workforce – Requires that the right Balance Workforce – Requires that the right

proportion of Women, Minorities, and Persons proportion of Women, Minorities, and Persons with Disabilities are represented in each job with Disabilities are represented in each job category as reflected in the workforce category as reflected in the workforce

When there is under-representation in any job When there is under-representation in any job category, the organization must take category, the organization must take affirmative action steps to correct the under-affirmative action steps to correct the under-representation by setting goals and timelines representation by setting goals and timelines to achieve a balance workforce to achieve a balance workforce

Page 39: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Components of an AA/CRC Components of an AA/CRC PlanPlan

Equal Opportunity Requirements:Equal Opportunity Requirements:

1.1. Customer Service Population AnalysisCustomer Service Population Analysis

2.2. Policy Statement & NotificationPolicy Statement & Notification

3.3. Designation of Equal Opportunity CoordinatorDesignation of Equal Opportunity Coordinator

4.4. Access to ServicesAccess to Services

5.5. Discrimination Complaint/Grievance Discrimination Complaint/Grievance ProcedureProcedure

6.6. Self evaluationSelf evaluation

Page 40: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Components of an AA/CRC Components of an AA/CRC PlanPlan

LEP Requirements:LEP Requirements:

1.1. Customer Service Language Access DataCustomer Service Language Access Data

2.2. LEP Policies Statement & NotificationLEP Policies Statement & Notification

3.3. Designation of LEP CoordinatorDesignation of LEP Coordinator

4.4. Access to ServicesAccess to Services

5.5. LEP Discrimination Complaint/Grievance LEP Discrimination Complaint/Grievance ProceduresProcedures

6.6. Self Evaluation Self Evaluation

Page 41: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

1 Hour Lunch Break1 Hour Lunch Break

Page 42: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Greetings in:Greetings in: Zjerma – FofoZjerma – Fofo Hausa – SanouHausa – Sanou Spanish – Hola, Buen DiaSpanish – Hola, Buen Dia Qechua – ImaynallaQechua – Imaynalla Aymara – KamisarakiAymara – Kamisaraki French – BonjourFrench – Bonjour Djioulja – EkakennewaDjioulja – Ekakennewa Armenian – BarevArmenian – Barev Arabic – Saalamu ‘lekumArabic – Saalamu ‘lekum Chickewa – MoniChickewa – Moni

Amharic – TeanastellenAmharic – Teanastellen Tigrinya – SelamTigrinya – Selam Aymara – KamisarakiAymara – Kamisaraki Mina – OfoanMina – Ofoan Kabye – N’loualeKabye – N’louale Kotokoli - GnafinikazaKotokoli - Gnafinikaza Nawdme – Reda hom?Nawdme – Reda hom? Bulgarian – ZdraveiteBulgarian – Zdraveite Mongolian – Sain baina uuMongolian – Sain baina uu Hmong – Nyob ZooHmong – Nyob Zoo

Page 43: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Limited English ProficiencyLimited English Proficiency(LEP)(LEP)

RequirementsRequirements

Page 44: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

LEP IndividualLEP Individual

“ “ An LEP individual is a person who is unable to An LEP individual is a person who is unable to speak, read, write or understand the English speak, read, write or understand the English language at a level that permits him or her to language at a level that permits him or her to

interact effectively with health and social interact effectively with health and social agencies and providers” agencies and providers”

Page 45: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

4545

In WisconsinIn Wisconsin

• U.S. 2000 Census data:U.S. 2000 Census data:• 294,285 or 5% of 5,363,675 residents in 294,285 or 5% of 5,363,675 residents in

Wisconsin are considered LEPWisconsin are considered LEP• Spanish 81,584Spanish 81,584• Hmong 49,000 (BMRLS/DWD)Hmong 49,000 (BMRLS/DWD)• Russian 2,679Russian 2,679• Bosnian/Serbian/Croatians 2,249Bosnian/Serbian/Croatians 2,249

• Excludes some 100,000 to 150,000 Excludes some 100,000 to 150,000 undocumented individualsundocumented individuals

• Excludes 4,000 - 5000 migrant seasonal farm Excludes 4,000 - 5000 migrant seasonal farm workers in WIworkers in WI

Page 46: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Ability To Speak EnglishAbility To Speak EnglishMilwaukee CoMilwaukee Co

(Census 2000-5 Years and Over)(Census 2000-5 Years and Over)

Hispanic or Latino:Hispanic or Latino:

WellWell 10,96110,961 Not WellNot Well

10,30410,304 Not At AllNot At All 6,212 6,212

TOTALTOTAL 27,47727,477

Asian:Asian:

WellWell 5,3625,362 Not WellNot Well

2,7182,718 Not At AllNot At All 736 736

TOTALTOTAL 8,8168,816

Page 47: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Milwaukee Refugee PopulationsMilwaukee Refugee Populations(State DWD/Refugee Services)(State DWD/Refugee Services)

HmongHmong 10,21810,218 LaoLao 2,7552,755 VietnameseVietnamese 1,779 1,779 CambodianCambodian 79 79 FSUFSU 2,376 2,376 FYUGFYUG 1,419 1,419 AfricaAfrica 442 442 Other/CubanOther/Cuban 1,498 1,498TOTAL TOTAL 20,56620,566

Page 48: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Contractor’s Obligations Contractor’s Obligations to Comply with Executive to Comply with Executive

Order 13166Order 13166

Recipients are required to take reasonable steps Recipients are required to take reasonable steps to ensure meaningful access to their programs, to ensure meaningful access to their programs, services and benefits by LEP speakers. services and benefits by LEP speakers.

Guidelines are designed to be a flexible with a Guidelines are designed to be a flexible with a fact-dependent standardfact-dependent standard

The starting point is an individualized The starting point is an individualized assessment of the contractor using a four factors assessment of the contractor using a four factors analysisanalysis

Page 49: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Four Factor AnalysisFour Factor Analysis

1.1. The number or proportion of LEP The number or proportion of LEP persons eligible to be served or likely to be persons eligible to be served or likely to be encountered by the program or granteeencountered by the program or grantee

2.2. The frequency with which LEP individuals The frequency with which LEP individuals come in contact with the program, servicecome in contact with the program, service

3.3. The nature and importance of the The nature and importance of the program, activity or service provided by the program, activity or service provided by the program to people's lives; andprogram to people's lives; and

4.4. The resources available to the grantee The resources available to the grantee recipient, and costs. recipient, and costs.

Page 50: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Oral InterpretationOral Interpretation

Oral interpretation must be a available and Oral interpretation must be a available and free of costfree of cost

Face-to-face with bilingual staffFace-to-face with bilingual staffCompetent interpreterCompetent interpreterLanguage lineLanguage line

• Use competent interpreters, specially for Use competent interpreters, specially for critical situationscritical situations

Page 51: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Who are Competent Who are Competent Interpreters?Interpreters?

Bilingual in English and a second language;Bilingual in English and a second language;

Linguistically and culturally competentLinguistically and culturally competent

Page 52: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Who may Not be interpreters?Who may Not be interpreters?

Minor ChildrenMinor Children Family members or friendsFamily members or friends

The patient may turn down a provider’s interpreter, The patient may turn down a provider’s interpreter, butbut you must offer one regardlessyou must offer one regardless You are advised to have your interpreter You are advised to have your interpreter

present, depending on the critical and present, depending on the critical and confidential nature of the situation.confidential nature of the situation.

Assess consequences, risk and liability if Assess consequences, risk and liability if accurate and meaningful communication fail accurate and meaningful communication fail

Page 53: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Written TranslationsWritten Translations

Vital documents: one size does not fit allVital documents: one size does not fit all

STAFE HARBOR GUIDELINESSTAFE HARBOR GUIDELINES Translation of vital documents if service area Translation of vital documents if service area

has 5% or 1000 LEP customers per LEP has 5% or 1000 LEP customers per LEP languagelanguage

Notice of translated documents for less than Notice of translated documents for less than 50 LEP speakers per language50 LEP speakers per language

Page 54: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health
Page 55: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Posting RequirementPosting Requirement Language assistance posters in LEP Language assistance posters in LEP

languages of LEP groupslanguages of LEP groups Equal opportunity polices and grievance Equal opportunity polices and grievance

procedures in LEP languages of LEP procedures in LEP languages of LEP groupsgroups

Notice to LEP clients, patients, and Notice to LEP clients, patients, and participants of the organization’s participants of the organization’s translation policies on vital documenttranslation policies on vital document

Notify patients, clients and customers the Notify patients, clients and customers the organization’s methods of providing organization’s methods of providing alternative means of communicating alternative means of communicating

Page 56: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint ProcessComplaint Process

Two kinds of complaints:Two kinds of complaints:

PROGRAMPROGRAM DISCRIMINATION DISCRIMINATION

Page 57: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint ProcessComplaint Process

Program complaints involve claims that Program complaints involve claims that folks operating the programfolks operating the program

failed to observe the program’sfailed to observe the program’s

rules and proceduresrules and procedures

Page 58: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint ProcessComplaint Process

Applicants and participants must be given Applicants and participants must be given accurate and complete information onaccurate and complete information on

the complaint process for program and the complaint process for program and discrimination complaintsdiscrimination complaints

Page 59: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint ProcessComplaint Process

Discrimination may be examined from Discrimination may be examined from two perspectives:two perspectives:

DISPARATE TREATMENTDISPARATE TREATMENT DISPARATE IMPACTDISPARATE IMPACT

Page 60: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint ProcessComplaint Process

Disparate treatment discrimination Disparate treatment discrimination claimsclaims

assert that applicants and participants assert that applicants and participants are treated differently for no other are treated differently for no other reason than race, sex, disability or reason than race, sex, disability or

status as a participantstatus as a participant

Page 61: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint ProcessComplaint Process

Disparate impact discriminationDisparate impact discrimination

asserts that broad patterns of asserts that broad patterns of discrimination operate to disadvantage discrimination operate to disadvantage

protected class applicants and protected class applicants and participants and that these patterns are participants and that these patterns are

measurable and significantmeasurable and significant

Page 62: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Standard of ProofStandard of Proof

The standard of proof in investigations under The standard of proof in investigations under Title VI and similar non-discrimination statutes Title VI and similar non-discrimination statutes is:is:

preponderance of the evidencepreponderance of the evidence

Page 63: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint ProcessComplaint Process

U.S. DHHS - discrimination complaint U.S. DHHS - discrimination complaint procedures allow local processing of complaintsprocedures allow local processing of complaints USDA - discrimination complaint procedures USDA - discrimination complaint procedures allow state or federal level processing of allow state or federal level processing of complaintscomplaints U.S.DOL - allows no local processing of U.S.DOL - allows no local processing of discrimination complaints. discrimination complaints.

Page 64: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint ProceduresComplaint Procedures

Procedures must be consistent withProcedures must be consistent with

federal and state statutes, regulations, federal and state statutes, regulations, and guidelineand guideline

Page 65: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint ProceduresComplaint Procedures

Procedures must be explained to Procedures must be explained to applicants and participantsapplicants and participants

posted prominently in places where one posted prominently in places where one might reasonably expect them to be seen might reasonably expect them to be seen

in languages of major LEP groups in languages of major LEP groups

Page 66: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint ProceduresComplaint Procedures

Applicants and participants mustApplicants and participants must

be provided assistance in filing their be provided assistance in filing their complaints complaints

Page 67: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint ProceduresComplaint Procedures

Complaints must be referred or processed Complaints must be referred or processed in a timely mannerin a timely manner

Grantees and ContractorsGrantees and Contractorsmust keep records of complaints received must keep records of complaints received

referred and resolvedreferred and resolved

Page 68: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint ProceduresComplaint Procedures

Complaints may be used as a basis to Complaints may be used as a basis to determine whether determine whether

Grantees or Contractors will receive or Grantees or Contractors will receive or continue to receive federal financial continue to receive federal financial

assistanceassistance

Page 69: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Afternoon Break 10 MinutesAfternoon Break 10 Minutes

Page 70: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint Procedure Complaint Procedure RequirementsRequirements

Where can Complaints be filed? Where can Complaints be filed?

DHFSDHFS Office of Affirmative Action and Office of Affirmative Action and Civil Rights ComplianceCivil Rights Compliance

Page 71: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Complaint Procedure Complaint Procedure RequirementsRequirements

U.S. Department of Health and Human Services - U.S. Department of Health and Human Services - Office of Civil Rights - Region V, Chicago. IL.Office of Civil Rights - Region V, Chicago. IL.

U.S. Department of Justice - Civil Rights Division - U.S. Department of Justice - Civil Rights Division - Washington, D.C.Washington, D.C.

Food and Consumer Services - Civil Rights Food and Consumer Services - Civil Rights Program - U.S. Department of Agriculture - Program - U.S. Department of Agriculture - Chicago, IL.Chicago, IL.

Page 72: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Department of Health and Family ServicesDepartment of Health and Family ServicesOffice of Affirmative Action and Civil Rights Office of Affirmative Action and Civil Rights

ComplianceCompliance1 West Wilson Street, Room 5551 West Wilson Street, Room 555

P.O. Box 7850P.O. Box 7850Madison, WI 53707-7850Madison, WI 53707-7850

Fax: (608)-267-2147Fax: (608)-267-2147TTY: (888)701-1251TTY: (888)701-1251

Page 73: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

ContactsContacts

Regina Cowell, DirectorRegina Cowell, Director

(608)-266-3465(608)-266-3465

[email protected]@dhfs.state.wi.us

David Duran, Civil Rights Compliance OfficerDavid Duran, Civil Rights Compliance Officer

(608)-266-9372 Voice(608)-266-9372 Voice

[email protected]@dhfs.state.wi.us

Ying Lee, Equal Opportunity Specialist, Bilingual Ying Lee, Equal Opportunity Specialist, Bilingual

(680)-267-3356 Voice(680)-267-3356 Voice

[email protected]@dhfs.state.wi.us

Page 74: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Post-Test/Questions AnswersPost-Test/Questions Answers

Page 75: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

Thank you Thank you

for your for your Attention and ParticipationAttention and Participation

Page 76: Milwaukee  Co. Dept of Health and Human Services Division of Behavioral Health

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

Zai Jian