[OAC 5101-9-01]

County agency personnel are governed by the provisions of civil service law as set forth in ORC and as administered by DAS or a county personnel department properly established by a board of county commissioners. County agency personnel policies may be under the governing authority of a collective bargaining agreement and/or ORC Chapter 124, depending upon the individual county agreement(s).

REFERENCE: ORC Section 124.14 and 302.202, ORC Chapter 4117

APM.9101.1Compliance

[OAC 5101:9-2-01]

All programs, services, and benefits which are administered, supervised, authorized, and/or participated in by a county agency shall be operated in accordance with the nondiscriminatory requirements of:

(1)Title VI of the Civil Rights Act of 1964, as amended;

(2)section 504 of the Rehabilitation Act of 1973, as amended;

(3)the Age Discrimination Act of 1975;

(4)the Multiethnic Placement Act of 1994, as amended by the Interethnic Adoption Provisions of 1996; and

(5)the Americans with Disabilities Act of 1990.

The county agency is responsible for ensuring compliance with this rule by all county agency contractors.

No person(s) shall on the grounds of race, color, national origin, disability, age, gender, or religion, be excluded from participation in, be denied or delayed the benefits or services of, or be otherwise subjected to discrimination under any program, service or benefit authorized or provided by the Ohio Department of Job and Family Services (ODJFS), a county agency, or a county agency contractor.

In carrying out its duties, the county agency shall not discriminate against any employee or applicant for employment because of race, color, national origin, disability, age, gender, religion, ancestry, or veteran status. The county agency will ensure applicants are hired, and employees are treated during employment without regard to their race, color, national origin, disability, age, gender, religion, ancestry, or veteran status. Such action includes, but is not limited to, the following:

• employment;
• upgrading;
• demotion or transfer;
• recruitment or recruitment advertising;
• layoff or termination;
• rates of pay or other forms of compensation; and
• selection for training including apprenticeship.

The county agency and its county agency contractors shall operate each program or activity so when viewed in its entirety, each program or activity is readily accessible to persons with disabilities and provides meaningful access to persons with limited english proficiency. This shall include, but not be limited to, making the physical facilities accessible to persons with disabilities and providing interpreters at no charge to those beneficiaries whom are visually or hearing impaired, or are limited english proficient.

The county agency shall ensure that the opportunity to participate as members of planning, advisory, and policy boards is available to persons in a nondiscriminatory manner.

The county agency and county agency contractors shall develop policies and procedures which ensure that all recruitment and employment practices do not discriminate on the basis of race, color, national origin, disability, gender, age, or religion. Its employment practices also must not have the effect of causing discrimination in the delivery of services and benefits under the program.

APM.9101.2Delegation of Authority

ODJFS, shall administer nondiscrimination laws, rules, and regulations through the following methods of administration. The director of the county agency has the responsibility for implementing and enforcing civil rights laws, rules, and regulations within its service system, including county agency contractors.

For purposes of administration of this plan, there are two distinct levels of responsibility: ODJFS and the county agency.

(1)The ODJFS-Bureau of Civil Rights (ODJFS-BCR) is responsible for the following:

(a)investigating all complaints of discrimination arising under paragraphs one, three, and five of the compliance section (APM.9101.1) of this policy

(b)disseminating information pertaining to civil rights laws to the county agency civil rights coordinator, beneficiaries, and interested members of the general public;

(c)preparing compliance reports for submission to the U.S. Department of Health and Human Services, Office for Civil Rights (HHS, OCR), the U.S Department of Labor, Civil Rights Center (DOL, CRC), and the U.S. Department of Agriculture, Office for Civil Rights (FCS, OCR); providing instructions and guidance to the county agency civil rights coordinator in all aspects of implementing the civil rights laws and the processing of complaints. ODJFS-BCR will also advise and recommend actions which will remedy noncompliant areas;

(d)conducting compliance reviews of the county agency and county agency contractors;

(e)acting as liaison between ODJFS, HHS, DOL, and USDA offices forcivilrights;and

(f)acting as liaison with community groups concerned with civil rights issues involving the delivery of services.

(2)The county agency is responsible for:

(a)developing a civil rights plan to ensure the county agency and county agency contractor comply with this rule and the civil rights laws, rules and regulations; and

(b)appointing a civil rights coordinator who shall have the following responsibilities set forth in their job description:

(1)attending ODJFS approved civil rights training within six months of becoming the civil rights coordinator, and attending training updates as required by the department;

(2)providing input to management to improve the civil rights in service delivery, and to discuss civil rights complaints, issues and reports of compliance activities within the county agency or within county agency contractors;

(3)maintaining essential compliance records and files, including client analysis data, staff training records, confidential complaint files and reasonable accommodation requests;

(4)reviewing written policies to make sure those policies are nondiscriminatory;

(5)providing technical assistance or training on civil rights in service delivery to staff, or referring staff to appropriate resources for technical assistance;

(6)disseminating civil rights information to county agency staff and county agency contractors, vendors, beneficiaries, and other interested parties;

(7)acting as civil rights liaison between ODJFS, the county agency, county agency contractors, beneficiaries, and community groups or other organizations concerning civil rights in the delivery of services;

APM.9101.3Complaints

Any person may file a written complaint alleging discrimination within six monthsfrom the date of the alleged discriminatory act. Complaints can be filed with the ODJFS-BCR or the county agency. Assistance in drafting and filing complaints shall be made available. A complaint is deemed filed when the county agency or ODJFS-BCR receives a written statement sufficiently precise to identify the parties and to describe generally the action or practices complained of. ODJFS discrimination complaint forms may be obtained from the ODJFS-BCR or the county agency, but the use of any particular form is not required for the proper filing of a complaint.

(1)any complaint alleging discrimination filed with ODJFS-BCR or a county agency shall contain the following information:

(a)the full name and address of the person making the complaint;

(b)the full name and address of the covered entity against whom the complaint is made; and

(c)the basis on which the complainant believes the discrimination has occurred:

(1)race;

(2)color;

(3)religion;

(4)national origin;

(5)disability;

(6)age; or

(7)gender.

(2)a concise statement of the facts which the complainant believes indicates an unlawful discriminatory practice;

(3)the date or dates of the alleged unlawful discriminatory practice; or if the alleged unlawful discriminatory practice is of a continuing nature, the dates between which said continuing acts are alleged to have occurred;

(4)a statement as to any other action, if any, civil or criminal, instituted in any other forum based upon the same grievance as is alleged in the complaint together with a statement as to the status or disposition of such other action;

(5)a statement as to any other action or proceeding in any other forum based upon the same facts as are alleged in the complaint, together with a statement as to the status or disposition of such other action;

(6)the complainant and respondent shall be advised of the results of the investigation, not later than ten days after the completion of the investigation. The complainant shall also be advised of the right to file a complaint to any appropriate state or federal civil rights enforcement agency;

(7)the ODJFS-BCR will maintain records which show the nature of the complaint, the details of the investigation, and the actions taken by ODJFS;

Upon receiving a complaint alleging discrimination the county agency shall:

(1)forward the complaint to the ODJFS-BCR within three (3) working days of date of receipt;

(2)make all persons or papers pertaining to a case being handled by the ODJFS-BCR available at the ODJFS-BCR's request unless doing so would violate state or federal law;

(3)submit any information requested by the ODJFS-BCR not later than fourteen (14) working days from date of receipt of request unless otherwise agreed upon;

(4)cooperate fully with the ODJFS-BCR during the course of any investigation;

(A)not initiate, conduct, or run concurrent investigation(s);

(B)not retaliate against the complainant or any person(s) associated with any inquiry conducted by the ODJFS-BCR.

Any complaint by an employee of a county agency or county agency contractor that arises under paragraphs three and four of the compliance section (APM.9101.1) of this policy should be filed with either the Ohio Civil Rights Commission and/or the U.S. Equal Employment Opportunity Commission. ODJFS has no authority to investigate complaints arising under paragraphs three and four of the compliance section (APM.9101.1).

APM.9101.4Notice

The county agency and county agency contractors shall execute, in writing, an assurance they will comply with all federal, state, and local civil rights laws, this rule and all polices and procedures of ODJFS.

The county agency and county agency contractors shall have a written nondiscrimination policy which effectively communicates to beneficiaries that theadministration, services, assistance, and other benefits of its programs are provided on a nondiscriminatory basis. The county agency and county agency contractors shall, in brochures, pamphlets, or communications, which are designed to notify the general public of its services and programs, inform all that the services and programs are provided on a nondiscriminatory basis as required by federal, state, and local civil rights laws, and the policies and procedures of ODJFS. As a result of the organization's commitment to civil rights the county agency and its contract providers shall also:

(1)provide notice to beneficiaries, and employees with impaired vision and/or hearing, and individuals who are limited english proficient that, if needed, an interpreter will be provided for them at no charge; and

(2)provide notice to beneficiaries of the right to file a complaint if they feel they have been discriminated against in county agency administered programs, on the basis of race, color, national origin, disability, age, gender, sexual orientation, or religion. This notice shall include the name, title, and location of the person responsible for receiving the complaint.

The county agency agrees to post in conspicuous places, available to employees and applicants for employment, notices stating they comply with all applicable federal and state non-discrimination laws. The county agency shall, in all solicitations or advertisements for employees placed by or on behalf of them, state that all qualified applicants shall receive consideration for employment without regard to race, color, national origin, disability, age, gender, religion, ancestry, or veteran status. They will incorporate the foregoing requirements of paragraphs one through four of the compliance section(APM.9101.1) in all of its contracts, grants and other agreements, and will require all county agency contractors to incorporate these requirements in all subcontracts and subgrants for work performed for or on behalf of the county agency.

APM.9101.5Compliance and Monitoring

ODJFS shall annually review the county agency's compliance program to ensure that it is providing equal employment opportunities, equal opportunity for participation in all programs, and equal opportunity for receiving benefits and services. HHS, DOL, and USDA will be notified of each annual review. ODJFS shall document and maintain a record of the implementation of these civil rights procedures and the compliance status of the county agency, including county agency contractors, in an annual report.

The ODJFS-BCR shall monitor the performance of the county agency and county agency contractors to determine their compliance with this plan in relationship to the population of the agency's service area.

County agency and county agency contractor reviews shall be performed as follows:

(1)the ODJFS-BCR may initiate its own investigation if the regular flow of compliance data alerts ODJFS of a possible problem.

(2)the ODJFS-BCR will review a sample of county agencies and county agency contractors each state fiscal year. Selection will be done on a random basis to reflect geographic distribution of county agencies and county agency contractors.

County agency and county agency contractor reviews by ODJFS-BCR shall be conducted by mail, utilizing a survey form that gathers the following:

(1)site location for services and programs;

(2)referral sources for outreach;

(3)evaluation of client participation in services;

(4)range and provision of services;

(5)accessibility of services for persons with disabilities;

(6)representation on advisory and planning boards and councils; and

(7)employment practices.

ODJFS reserves the right to perform its lawful obligation by inspecting sites and practices and materials that include, but are not limited to the following:

(1)appointment books to verify no distinction is made as to the time beneficiaries of a protected class are served;

(2)case files to establish service is being offered in a consistent manner to all individuals;

(3)physical facilities to verify beneficiaries are not segregated in separate waiting rooms, service areas, or served inequitably through use of dissimilar equipment;

(4)official and standard documents, records, and policies of county agency contractors to establish adoption of the necessary civil rights policies;

(5)publications, brochures, posters, policy manuals, employeehandbooks, training materials to ensure the notice of nondiscriminatory policies for beneficiaries and employees is included; and

(6)the notice of nondiscrimination is posted as required by the ODJFS civil rights compliance plan.

The county agency and county agency contractors, as applicable, shall make available to HHS, DOL, and USDA all data and information necessary to determine the agency's compliance with civil rights laws and regulations. Compliance information, where feasible, will include the following:

(1)identification of eligible population (defined as individuals eligible for programs/services) in aggregate for the state. Also, a separate identification of the eligible population in each county agency (by program) and by the categories of white, american indian/alaskan native, asian/pacific islander, black, and hispanic.

(2)identification of the eligible disabled population in aggregate, for the state, and a separate identification of the eligible disabled population of each county agency and contract provider.

(3)identification of the number of individuals participating in HHS, DOL, or USDA funded programs and these services in aggregate for the state, and for each county agency contractor by the categories specified in this section, paragraphs one and two of the compliance and monitoring section (9101.5) of this policy, to the extent such data is reasonably available.

APM.9101.6Remedial Action

A county agency or county agency contractor found to be in violation of the ODJFS civil rights plan will be notified in writing within thirty days after completion of the investigation or review. Any action taken by ODJFS to bring the county agency into compliance with the ODJFS civil rights plan will be done pursuant to Ohio Revised Code section 5101.24. Examples of remedial action include but are not limited to: corrective action plans or the withholding of funds. The county agency is responsible for compliance by county agency contractors. ODJFS may take action against the county agency pursuant to section 5101.24 of the Revised Code if the county agency fails to obtain compliance by the county agency contractor.