(A)Definitions
used in this rule.
(1)"Beneficiaries"
means applicants, recipients, and potential applicants and recipients of
services, assistance, and other benefits administered by the county agency or
county agency contractors.
(2)"County
Agency" means the county department of job and family services, the public
children services agency, and the child support enforcement agency.
(3)"County
Agency Contractor" means any governmental or non-governmental entity that
receives funds from the county agency, whether directly or indirectly, to provide
services, assistance, or benefits to individuals or that performs duties or
activities for the county agency pursuant to a contract, grant, or other
agreement.
(4)"Limited
English Proficiency" (LEP) means any person or group of persons who cannot
speak, read, write or understand the English language at a level that allows
them to meaningfully communicate with county agencies or county agency
contractors.
(B)Compliance for
the Ohio department of job and family services (ODJFS) and the county agency.
All programs, services, and benefits that are administered,
supervised, authorized, and/or participated in by a county agency shall be
operated in accordance with the nondiscrimination requirements of Title VI of
the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act
of 1973, as amended; the Age Discrimination Act of 1975; the Multiethnic
Placement Act of 1994, as amended by the Interethnic Adoption Provisions of
1996; the Americans with Disabilities Act Amendment Act of 2008; Title IX of
the Education Amendments of 1972 and the Workforce Innovation and Opportunity
Act (WIOA) of 2014. The county agency is responsible for ensuring compliance
with this rule by all county agency contractors.
(C)No person(s)
shall, in violation of state or federal law, on the grounds of race, color,
national origin, disability, age, sex, religion, political affiliation or
belief, Workforce Innovation and Opportunity Act (WIOA) participation status,
or, for beneficiaries only, citizenship status (not all bases apply to all
programs) 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 ODJFS, a county agency, or a county
agency contractor.
(D)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, sex, religion, political affiliation or belief, WIOA participation status,
or, for beneficiaries only, citizenship status (not all bases apply to all
programs). The county agency shall ensure that applicants are hired, and that
employees are treated during employment without regard
todiscrimination based on their race,
color, national origin, disability, age, sex, religion, political affiliation
or belief, WIOA participation status, or, for beneficiaries only, citizenship
status (not all bases apply to all programs). 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.
(E)The county
agency and its county agency contractors shall operate each program or activity
so that 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 who
are visually or hearing impaired, or are limited English proficient.
(F)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.
(G)The county
agency and county agency contractors shall develop policies and procedures that
ensure that all recruitment and employment practices do not discriminate on the
basis of race, color, national origin, disability, sex, age, religion,
political affiliation or belief, WIOA participation status, or, for
beneficiaries only, citizenship status (not all bases apply to all programs).
Its employment practices also must not have the effect of causing
discrimination in the delivery of services and benefits under the program.
(H)Delegation 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, pursuant to the provisions of this rule and other
applicable state and federal laws.
(I)For purposes
of administration of the civil rights plan described in this rule, 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 (B), (C), and (E) of
this rule.
(b)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, food
and nutrition service, office for civil rights (USDA, FNS, OCR); and 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 shall also advise and recommend actions to county agencies to remedy
noncompliance.
(c)Conducting
compliance reviews of the county agency and county agency contractors.
(d)Acting as
liaison between ODJFS, HHS, DOL, and USDA offices for civil rights.
(2)The county
agency is responsible for the following:
(a)Developing a
civil rights plan, LEP plan and Americans with Disabilities Act (ADA) plan to
ensure that the county agency and county contractor comply with this rule and
all applicable federal and state civil rights laws, rules, and regulations. The
LEP plan has a review schedule of every two years. The civil rights plan and
the ADA plan does not haveare
not under a review schedule. If there is a significant
change in civil rights or ADA law, a change in the
county agency such as a new civil rights coordinator, new county agency
director, adding another agency, or any other changes that will impact the
civil rights plan or ADA plan, then the county agency will revise the plan and
provide a copy to ODJFS-BCR. Copies of all revised plans (civil rights, LEP,
ADA) are to be provided to ODJFS-BCR.
(b)Appointing a
civil rights coordinator who shall be expected to perform the following
responsibilities:
(i)Attending
ODJFS approved civil rights training within six months of becoming the civil
rights coordinator, and attendingparticipating in training updates as required by ODJFS.
(ii)Providing
input to management to improve the civil rightsnon-discrimination and the offering of reasonable
accommodations in service delivery, and to discuss civil rights
complaints, issues, and reports of compliance activities within the county
agency or within county agency contractors.
(iii)Maintaining
essential compliance records and files, including client analysis data, staff
training records, confidential complaint files, and accommodation requests.
(iv)Reviewing
written policies to make sure that those policies are nondiscriminatory.
(v)Providing
technical assistance or referring staff to appropriate resources for technical
assistance. Providing annual training on civil rights in service delivery to
staff. New staff shall receive training as part of their initial orientation.
Maintain records (i.e., rosters) of training.
(vi)Civil rights
coordinators (CRC) shall disseminate civil rights information to county agency
staff and county agency contractors, vendors, beneficiaries, and other
interested parties.
(vii) 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.
(J)Complaints.
(1)Any person may
file a written complaint alleging discrimination within one hundred eighty days
from the date of the alleged discriminatory act. Refer to ODJFS-BCR's rules on
the Multi-Ethnic Placement Act of 1994 and WIOA for different complaint filing
timeframes. 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 for which there is a complaint. 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.
(2)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 (e.g., ODJFS, CDJFS, OMJ) against whom the
complaint is made.
(c)The basis on
which the complainant believes the discrimination has occurred (not all bases
apply to all programs):
(i)Race;
(ii)Color;
(iii)Religion;
(iv)National
origin;
(v)Disability;
(vi)Age;
(vii) Sex;
(viii) Political
affiliation or belief (WIOA and FNS);
(ix)WIOA
participation status; or
(x)For
beneficiaries only, citizenship status (WIOA only).
(d)A statement of
the facts that the complainant believes indicates an unlawful discriminatory
practice.
(e)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.
(f)A statement as
to any other grievance, 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.
(K)The complainant
and respondent shall be advised of the results of the investigation, after the
completion of the investigation, which includes referral to FNSRO and its
concurrence with ODJFS' action. The complainant shall also be advised of the
right to file a complaint with any appropriate state or federal civil rights enforcement
agency.
(L)The ODJFS-BCR
shall maintain records that show the nature of the complaint, the details of
the investigation, and the actions taken by ODJFS.
(M) Upon receiving a
complaint alleging discrimination, the county agency shall:
(1)Forward the
complaint to the ODJFS-BCR within three 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 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;
(5)Not initiate,
conduct, or run concurrent investigation(s); and
(6)Not retaliate
against the complainant or any person(s) associated with any inquiry conducted
by the ODJFS-BCR.
(N)Any complaint
by an employee of a county agency or county agency contractor that arises under
paragraph (D) or (G) of this rule 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 paragraph (D) or
(G) of this rule.
(O)Notice.
The county agency and county agency contractors shall execute,
in writing, an assurance that they will comply with all federal, state, and
local civil rights laws, this rule, and all policies and procedures of ODJFS.
(P)The county
agency and county agency contractors shall have a written nondiscrimination
policy that effectively communicates to beneficiaries that the administration,
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 that 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. 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 LEP that, if needed, an interpreter or
other reasonable accommodations will be provided for them at no charge.
(2)Provide notice
to beneficiaries of the right to file a complaint if they feel that they have
been discriminated against in county agency administered programs, on the basis
of race, color, national origin, disability, age, sex, religion, political
affiliation or belief, WIOA participation status, or, for beneficiaries only,
citizenship status (not all bases apply to all programs). This notice shall
include the name, title, and location of the person responsible for receiving
the complaint.
(Q)The county
agency shall agree to post in conspicuous places, available to employees and
applicants for employment, notices stating that the county agency complies with
all applicable federal and state non-discrimination laws. The county agency
shall, in all solicitations or advertisements for employees placed by or on its
behalf, state that all qualified applicants shall receive consideration for
employment without regard to race, color, national origin, disability, age,
sex, religion, political affiliation or belief, WIOA participation status, or,
for beneficiaries only, citizenship status (not all bases apply to all
programs). The county agency shall incorporate the requirements of paragraphs
(B), (C), (D), and (E) of this rule 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.
(R)Compliance and
monitoring.
ODJFS shall periodically 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.
(S)The ODJFS-BCR
shall monitor the county agency and county agency contractors to determine
their compliance with the civil rights plan described in this rule in
relationship to the population of the agency's service area. The ODJFS-BCR, may
however, initiate its own investigation if the regular flow of compliance data
alerts ODJFS of a possible problem.
(T)County agency
and county agency contractor reviews by ODJFS-BCR shall be conducted
periodically, including, but not limited to, the following:
(1)Site location
accessibility for disabled persons seeking services and/or benefits;
(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)Civil rights
complaint procedures; and
(7)Access to
benefits and/or services by persons who are LEP.
(U)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 that no distinction is made as to the time of day beneficiaries
of a protected class are served;
(2)Written or
electronic case files to establish that service is being offered in a
consistent manner to all beneficiaries;
(3)Official and
standard documents, records, and policies of county agency contractors to
establish adoption of the necessary civil rights policies;
(4)Publications,
brochures, posters, policy manuals, employee handbooks, and training materials
to ensure that the notice of nondiscriminatory policies for beneficiaries and
employees is included; and
(5)The notice of
nondiscrimination is posted as required by the ODJFS civil rights compliance
plan.
(V)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, shall 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 race:
"American Indian" or "Alaska Native," "Asian,"
"Black" or "African American," "Native Hawaiian"
or "Other Pacific Islander," and "White." The two
categories for data on ethnicity are: "Hispanic" or
"Latino" and "Not Hispanic" or "Not Latino."
(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 paragraphs (V)(1) and (V)(2) of this
rule, to the extent such data is reasonably available.
(W) Remedial action.
A county agency or county agency contractor found to be in
violation of the ODJFS civil rights plan shall 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 section 5101.24 of the Revised Code. 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.
Effective: 10/18/2021
Certification: CERTIFIED ELECTRONICALLY
Date: 10/08/2021
Promulgated Under: 111.15
Statutory Authority: 5101.02
Rule Amplifies: 5101.02
Prior Effective Dates: 07/17/1989, 05/19/1996, 12/07/2001,
09/23/2006, 05/01/2011, 09/24/2016