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1、Civil Rights Compliance Staff (CRCS) Geneva Watts,Civil Rights Compliance for Supervisors at DHS,AIM: To provide relevant CRC information to all DHS Division Administrators and Staff Officers in efforts to prevent and eliminate discriminatory practices in employment and services at DHS GOALS: * Crea
2、te awareness and appreciation * Comply with applicable laws and agreements * Prevent discriminatory practices * Promote additional recognition and respect * Refine DHS discrimination complaint process * Understand Roles, Rights and Responsibilities,Objectives,Understand what constitutes discriminati
3、on Recognize and Prevent Harassment Understand your role in providing workplace and service areas that are free from discriminatory practices for employees, clients, and applicants including and not limited to individuals with Limited English Proficiency (LEP) Recognize and understand civil rights l
4、aws affecting workplace and service provisions,Civil Rights Compliance,All individuals are provided the right to equal employment opportunity All clients are provided equal access to services,means ensuring that,Prominent Civil Rights Legislation,Civil Rights Act of 1866 Civil Rights Act (CRA) of 19
5、64 Age Discrimination in Employment Act (ADEA) of 1967 Rehabilitation Act of 1973 Americans with Disabilities Act (ADA) of 1990 Civil Rights Act of 1991 Hawaii Revised Statutes (HRS), 378 and 371 (2006), Act 290,Protected Areas in Employment,Race Color National Origin Sex Religion Disability Age Uni
6、formed Service Citizenship Status Ancestry Marital Status Arrest and Court Record Sexual Orientation Child Support Obligations National Guard Absence Breast Feeding,FEDERAL,STATE,The Age Discrimination in Employment Act (ADEA),Applies to employers with 20 or more employees. Applies to individuals wh
7、o are age 40 and over.,The Equal Pay Act (EPA),Prohibits sex-based wage discrimination Includes fringe benefits Applies when men and women perform substantially equal work,Americans with Disabilities Act (ADA),Reasonable Accommodation,Title I of the Americans with Disabilities Act (ADA),Prohibits di
8、scrimination on the basis of disability, including the requirement to provide a reasonable accommodation to persons with physical and/or mental limitations.,Has a physical or mental impairment Has record of an impairment Is regarded as having an impairment,Qualified Individual with a Disability,REAS
9、ONABLE ACCOMMODATION,A modification or adjustment to a job, the work environment, or the way job tasks are usually accomplished, to enable a qualified individual with a disability to perform the essential functions of a job or position.,Making facilities accessible Job restructuring, modifying work
10、schedules, reassignment Acquiring or modifying equipment or devices Adjusting examinations, training materials, or policies Providing qualified readers or interpreters,REASONABLE ACCOMMODATION,Medical Records and Information-,Medical information about applicants and/or employees in a confidential me
11、dical file that is separate from the personnel, payroll and employment action in a locked file cabinet.,Harassment,Is UNLAWFUL when: Based on a protected factor Alters terms and conditions Creates hostile work environment,Identifying and Preventing Workplace Harassment,Harassment,Any unwelcome verba
12、l or physical conduct based on: Race Color Sex Religion National origin Age Disability,Two Types of Harassment,1) Tangible Employment Action Only supervisors and managers can subject an employee to tangible employment action harassment because only supervisors and managers have the authority needed
13、to take a tangible employment action. (hiring, benefits, promotion, demotion, discharge),Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature Quid Pro Quo something promised in exchange for something else Hostile work environment - conduct in
14、terferes with employees ability to perform his/her job, or creates an offensive, hostile or intimidating work environment,SEXUAL HARASSMENT,Avoiding Harassment,Educate and Monitor Listen and Investigate Take Corrective Action As a supervisor you set the standard,2) Hostile Work Environment Unwelcome
15、 comments or conduct based on race, color, sex, religion, national origin, age or disability unreasonably interferes with an employees work performance or creates an intimidating, hostile or offensive work environment. A hostile work environment can be created by a supervisor, manager, co-worker or
16、non-employee. Includes, jokes, gestures, touching, graffiti, demeaning names or expressions, mocking behavior.,Retaliation is Prohibited,It is unlawful to penalize, punish or deny employment, benefit,OR SERVICE because that person opposed discrimination or participated in any way (ex: as a witness)
17、in the investigation of a charge.,Recordkeeping Requirements,Payroll, personnel and employment action records Employers can SUPPORT COMPLIANCE with all of the laws by retaining all payroll, personnel and employment action records for 3 years. SUPERVISORS do you have any . DOCUMENTATION?,Questions or
18、 Concerns,What questions do you have? (about reasonable accommodation retaliation, harassment, documentation? Frequently asked questions * What is reasonable accommodation? * What constitutes retaliation? * How do I stop the harassment or bullying? * What is considered misconduct at DHS? * What do I
19、 need to document? * Why do I have to be subjected to these behaviors?,? ? ? ? ?,Non-Discrimination in Employment and Services Discrimination Complaint Procedure (4.10.1) Harassment (4.10.2) Opportunity to Participate in Programs, Services and Activities (4.10.3),DHS Policies and Procedures,Particip
20、ation in Investigations,Internal - Branch/Division - Departmental External - Hawaii Civil Rights Commission (HCRC) - EEOC - HHS - USDA/FNS - US Justice Department,What is the truth?,Fact Reality Perception Analysis Findings Conclusions Action,Rights and Responsibilities,Supervisors Rights Employee R
21、ights Everybodys Rights Supervisors Responsibilities Employee Responsibilities Everybodys Responsibilities,Opportunity to Participate in Programs, Services, and Activities,Protected Areas in Access to Services,National Origin Political Beliefs * Race Color Sex Religion * Disability Age Ancestry Brea
22、st Feeding,FEDERAL,STATE,* Applies only to Food Stamp Program applicants and recipients,Access Requirements,Applicants, clients and program participants should be informed of their right to: Non-discriminatory service provision Accommodation Free sign or other language interpreters File a complaint,
23、Limited English Proficiency,What is L E P?,L is for Limited Speaking Reading Writing Understanding E is for English Language Verbal Nonverbal Written P is for Proficiency (at levels that permit effective interaction),Summary of Problem,While English is the predominant language in the United States,
24、over 32 million people in the country have Limited English Proficiency. L E P Individuals face many barriers to critical health and social services. We need to remove the barriers!,The U. S. Department of Health and Human Services found that frequently LEP persons are unable to obtain basic knowledg
25、e of how to access benefits and services for which they are eligible. Such benefits and services include and are not limited to: Food Stamps, Medicare, Medicaid, TANF (Temporary Assistance to Needy Families), SCHIP (State Childrens Health Insurance Program), and others.,Example,Goals,Prevent Nationa
26、l Origin Discrimination Take affirmative steps to ensure that individuals with language needs understand their rights and our services Enhance communication by providing specific interpreter and translation services free of charge to individuals who need it,Opportunities,We have an opportunity to en
27、sure that we provide LEP individuals with meaningful access to DHS programs and services As a recipient of Federal funds we are prohibited from discriminating against clients, applicants, potential applicants and employees based on national origin as it affects persons with LEP. We at DHS have an op
28、portunity and obligation to provide services that are free from discriminatory practices.,Federal Law,Title VI of the Civil Rights Act Excerpt: may not directly or through contractual or other arrangements because of.national origin: -Deny an individual any service, financial aid, or other benefit p
29、rovided by a program, -Use criteria or methods of administration which have the effect of subjecting individuals to discrimination or have the effect of defeating or substantially impairing accomplishment of objectives of a program.,Assurances,Applicant assures and certifies that: It will comply and
30、 assure the compliance of all its SUBGRANTEES AND CONTRACTORS. It will comply, and its contractors will comply, with nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968 (and other Federal and State civil rights statutes and regulations). In the event a Federal or
31、 State court or administrative agency makes a finding of discrimination AFTER A DUE PROCESS HEARING ON THE GROUND OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX OR DISABILITY against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Just
32、ice Programs. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more.,State Statute,Hawaii Revised Statutes, Title 21 Labor and Industrial Relations Chapter 371, Part II 371-31 to 37 Act 290 Effective July 10, 2006 Language
33、Access - Points to Remember - Revised Statute,Points,Points to Remember (State Law 290, Rev. 2006),Applies to all State public contact activities Limited English Proficiency (LEP) individuals are entitled to same level of access as those who speak English Ensure competent, timely, free interpreter s
34、ervices Use four-factor analysis to determine needs for written translation Develop a Language Access Plan Established State level Office of Language Access (DOLIR) Eleven-person language Access Advisory Council,Points,Language Access,Self-identified LEP,DHS Policy and Procedures,DHS Policy and Proc
35、edure 4.10.3 Opportunity to Access Programs, Services and Activities (Revised 2007) Our policy says that we will provide, free of charge, language interpreters for applicants and clients who have limited English proficiency. (Please see June 2007 Interpreter List also.),Can Do:,Ensure that LEP perso
36、ns are: -Given adequate and correct information -Understanding of what services and benefits are available -Effectively communicating relevant circumstances of their situation Provide a comprehensive language assistance program, written policies, interpreter and/or translation services and effective
37、 communication devices.,Y e s !,Proficient in more than one language Avoid using friends, family, minor children Document client declination Arrange before bringing client in Use DHS volunteers appropriately Examine credentials, including certification, of interpreters,Interpreter Requirements,Compl
38、aint Process,Right to file complaint concurrently Must be informed of complaint process in writing Forms, brochures, posters in multiple languages Guidelines should be clear Procedures, processes and forms readily available,5,Resources,Technology -Audio, video, tel-video phones -Live on-line; web ca
39、sts Personnel -Face-to-face interaction required -Verbal-written Aids -Recorder, transcriber, voice recognition -American Sign Language -Multiple language forms/brochures -Large print (nothing smaller than 12 pt) External -Bi-lingual Access Line -Language Department (Colleges and Universities) -Char
40、ities,gwattsdhs.hawaii.gov,Additional Resources Who you gonna call?,Bi-lingual Access Line Languages Unlimited http:/ FreeT http:/ Almeda County Telelanguage, Inc. American Telesource, Inc. C http:/www.justcommunication.co.uk (deaf communication) Pacific Gateway,Summary,Inform LEP individuals of th
41、eir right to free interpreter services Avoid advising LEP individuals to bring a friend or family member to interpret Contact one or more interpreter services (phone, e-mail, on-line, in-person) Use DHS Volunteer Interpreters as appropriate and needed Provide information on process for filing a comp
42、laint when service delivery is unacceptable,Geneva Watts, DHS, CRCS, (808) 586-4955 P. O. Box 339 Honolulu, HI 96809-0339 TTY (808) 586-4959 USDA Director, Office of Civil Rights (800) 795-3272 1400 Independence Avenue, S.W. TTY (202) 720-6382 Washington, D. C. 20250-9410 U.S. Department of Health a
43、nd Human Services Director, Office of Civil Rights, Room 506-F (202) 619-0403 200 Independence Avenue, S.W. TTY (202) 619-3257 Washington, D. C. 20201 U. S. Department of Education Office of Civil Rights, Seattle Office 915 Second Avenue, Room 3310 (206) 220-7900 Seattle, WA 98174-1099 Fax (206) 220
44、 7887 U. S. Department of Justice Office of Civil Rights 810 7th Street, NW Washington, D. C. 20531 (202) 307-0690 Hawaii Civil Rights Commission 830 Punchbowl Street, Room 411 (808) 586-8636 Honolulu, Hi 96809,Contacts,What questions do you have? What specific actions will you take as a result of t
45、his knowledge? What, if any, additional training and/or information do you need?,? ? ? ? ? ?,Questions,Please think and act.,Frequently Asked Questions,Where can I find an American Sign Language Interpreter? What is the hourly rate for interpreters? Can we cover travel expenses? Do interpreters need
46、 to be certified? If so, By whom? Can we contact the courts for interpreters? Why cant an applicant bring a family member?,? ? ? ? ? ? ? ? ? ? ? ?,Summary,What we learned Ways we can apply what we learned Next Step/s (action plan) Feedback (verbal) Reactions (written),Please lend a hand! Together we
47、 can prevent and/or eliminate discriminatory practices in employment and in meeting service needs of clients, applicants and potential applicants.,Geneva Watts gwattsdhs.hawaii.gov DHS, Civil Rights Compliance Staff Phone (808) 586-4955 TTY (808) 586-4959,THANK YOU,Civil Rights Compliance Staff (CRC
48、S) 586-4955 gwattsdhs.hawaii.gov,Serves as departmental liaison for all civil rights related matters Investigates civil rights complaints Provides technical and advisory services to the department regarding standards and requirements of civil rights laws, rules and regulations Develops departmental policies, procedures and plans,