100-4 CIVIL RIGHTS
The Division will not discriminate against any applicant or participant in any aspect of program administration, including, but not limited to, the certification of households, the issuance of coupons or other program benefits, the conduct of fair hearings, or the conduct of any other program service, for reasons of age, race, color, sex, handicap, religious creed, national origin, or political beliefs. Discrimination in any aspect of program administration is prohibited by program regulations, the Food and Nutrition Act of 2008, the Age Discrimination Act of 1975, the Rehabilitation Act of 1973, Title IV of the Civil Rights Act of 1964, and DHSS Policy and Procedures 190-6.
The Division will ensure that both applicants and participants or recipients have access to information regarding nondiscrimination rules and policies, complaint procedures, and the rights of participants or recipients. Clients will be provided the information within 10 days of their request.
100-4 B. CIVIL RIGHTS COMPLAINT DEFINITION
A complaint is any clear expression by the complainant or person acting for him/her, to the effect that he or she believes himself or herself to be the object of discrimination based on age, race, color, sex, handicap, religious creed, national origin, or political beliefs.
100-4 C. RECEIVING CIVIL RIGHTS COMPLAINTS
A client may file a civil rights discrimination complaint either by phone, in person, or in writing to any agency staff member. Complaints received must be immediately brought to the attention of a supervisor. If the client files the complaint by phone or in person, a supervisor will, if possible, speak with the complainant immediately and attempt to resolve the issue.
At the office/unit level, managers/supervisors are responsible for conducting the complainant interview, attempting to resolve issues, and ensuring staff’s awareness of civil rights laws and complaint procedures. The supervisor’s initial step, upon receipt of a possible civil rights complaint, is to attempt to clarify and informally resolve the issue. It may be that what is expressed or alleged as discrimination is in fact a complaint relating to office procedures or an eligibility issue and not an actual civil rights complaint. The supervisor must conduct a follow-up conference with the complainant within 10 days of filing the complaint.
100-4 D. TIME ALLOWED FOR FILING A CIVIL RIGHTS COMPLAINT
The civil rights complaint must be filed no later than 180 days from the date of the alleged discrimination. However, the time for filing a Supplemental Nutrition Assistance Program (SNAP) complaint may be extended by the Secretary of Agriculture. (The complaint must be filed by the complainant directly to the Secretary of Agriculture.)
100-4 E. HOW A CLIENT MAY FILE A CIVIL RIGHTS COMPLAINT
Agency staff must immediately notify a supervisor upon receipt or knowledge of a Civil Rights complaint. A client may file a Civil Rights complaint in three ways:
If a complainant
makes allegations verbally and is unable or reluctant to put the allegations
in writing, the agency must document the complaint in writing.
The complainant
may make an allegation in writing.
The complainant may make an allegation in the form of a letter and personally forward the complaint directly to the appropriate State and Federal agency listed in this section.
A complaint should include the following information:
Name, address
and telephone number or other means of contacting the person alleging
discrimination. If anonymous, state anonymous;
Location and
name of the organization or office which is accused of discrimination
practices;
The nature of
the incident or action that led to complainant to allege discrimination;
The reason for
the alleged discrimination (race, color, national origin, sex, age,
or disability). Under the Food and Nutrition Act and USDA policy, discrimination is prohibited
also on the basis of religion or political beliefs;
The names, titles
(if appropriate), and addresses of persons who may have knowledge
of the alleged discriminatory act(s);
The date(s)
on which the alleged discriminatory action(s) occurred; and
Signature of the person filing the complaint if in person or signature of the person receiving the complaint if over the phone.
Anonymous complaints are accepted and handled by the Division in the same way as any other complaint. The complaint should include sufficient information to determine the identity of the agency or the individual toward which the complaint is directed, and the information should describe the intent or situation about which the allegation is made.
100-4 F. WHERE A CLIENT MAY FILE A CIVIL RIGHTS COMPLAINT
Note:
The Division of Public Assistance cannot forward complaints outside the
Division for the complainant due to confidentiality rules.
Complainants who believe that they have been subject to discrimination must be informed that they can file a complaint with:
Civil Rights Coordinator
Division of Public Assistance
PO Box 110640
Juneau, AK 99811-0640
(907) 465-3347
The Alaska State Commission for Human Rights
East Fifth Avenue, Room 213
Anchorage, AK 99501
(800) 478-4692
USDA, Director
Office of Civil Rights
Room 326-W
Whitten Building
1400 Independence Avenue, SW
Washington, D.C. 20250-9410
(800) 795-3272 (Voice) or (202) 720-6382 (TDD)
The USDA Program Discrimination Complaint form can also be found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint.
Health and Human Services
Office of Civil Rights
2201 Sixth Avenue
Mail Stop RX-11
Seattle, WA 98121
(800) 368-1019 (Voice) or (800) 537-7697 (TDD)
Supplemental Nutrition Assistance Program complaints:
The Secretary of Agriculture
Food and Nutrition Service
Washington, D.C. 20250; or
U.S. Department of Agriculture
Food and Nutrition Service, Western Region
Civil Rights Director
90 Seventh Street
San Francisco, CA 94103
100-4 G. COMPLAINT DISTRIBUTION
Complaints filed with the Division of Public Assistance will be distributed as follows:
Original copy
to the Office or Unit Supervisor;
Copy to the
Division of Public Assistance, Civil Rights Coordinator, Office of
the Director, Juneau; and
Copy to the complainant.
(Required in all public assistance offices with Supplemental Nutrition Assistance Program )
All Division offices involved in Supplemental Nutrition Assistance Program administration shall display the non-discrimination poster titled "And Justice for All," or a similar FNS-approved poster.
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