100-4          CIVIL RIGHTS

100-4 A.      CIVIL RIGHTS POLICY

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 race, color, national origin, sex (including pregnancy, gender identity, and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. 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 DOHDepartment of Health Policy and Procedures of 190-6.

The Division will ensure that both applicants and participants or recipients have access to information regarding nondiscrimination rules and policies, including but not limited to: reasonable accommodation or modification to programs and services, interpretive services for people who have Limited English Proficiency (LEP), complaint procedures, and their rights of participants or recipients. The Division will provide meaningful access in a reasonable manner, and staff will document the assistance provided.

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 race, color, national origin, disability, age, sex (including pregnancy, sexual orientation, and gender identity), religious creed, disability, age, political beliefs, or retaliation for prior civil rights activity in any program which could negatively impact program access and outcomes.

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. The supervisor must conduct a follow-up conference with the complainant within 10 days of when the complaint was filed.

The supervisor's initial response to a complaint must be in writing and indicate that the division accepts their complaint. It may also state whether there is any evidence to support the pretext for discrimination. 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. Staff responding may refer to the division civil rights coordinator, training, and other materials to draft the acceptance letter.

Note:

A Review - Disposition of Civil Rights Complaint form (GEN 102Review - Disposition of Civil Rights Complaint form) is completed by a local office supervisor and their regional manager when a Civil Rights Complaint form (GEN 101Civil Rights Complaint form) is received, and the complaint is not resolved or withdrawn.

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 (SNAPSupplemental Nutrition Assistance Program) 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. The time limit for filing a complaint is 180 days from the date of the alleged discriminatory act(s). Complaints that are older than 180 days may be accepted if the DPADivision of Public Assistance Civil Rights Coordinator believes there is good cause. DPADivision of Public Assistance will determine if it has jurisdiction under the law to process the complaint on the basis identified and for the programs involved.

A client may file a Civil Rights complaint in three ways:

1. 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.
2. The complainant may make an allegation in writing. The Civil Rights Complaint form (GEN 101Civil Rights Complaint form) may be used for this purpose.
3. 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;
• Program(s) identified with the alleged discrimination;
• Location and name of the organization or office which is accused of discrimination practices;
• Description of the action or nature of the incident that led to complainant to allege discrimination;
• The reason for the alleged discrimination (race, color, national origin, disability, age, political beliefs, sex (including pregnancy, sexual orientation, and gender identity), or religious creed of retaliation for prior civil rights activity;
• The names, titles (if appropriate), and addresses of persons who may have knowledge of the alleged discriminatory act(s), or the individual involved in the alleged discriminatory actions;
• The date(s) on which the alleged discriminatory action(s) occurred;
• How the complaints should be resolved; 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.

If a complaint was filed on the GEN 101Civil Rights Complaint form form, it can be sent to any DPADivision of Public Assistance office or directly to the Civil Rights Coordinator identified on the form.

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 DPADivision of Public Assistance or directly with the appropriate State and Federal agency responsible for the program:

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

To file a program complaint of discrimination for USDA funded programs (SNAP, FDPIR, and others), complete the Program Discrimination Complaint Form, (AD-3027) (found online at: How to File a Complaint, and at any USDA office) or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

1. Mail: Food and Nutrition Service, USDA
   1320 Braddock Place, Room 334, Alexandria, VA 22314; or
2. Fax: (833) 256-1665 or (202) 690-7442; or
3. Phone: (833) 620-1071; or
4. Email: FNSCIVILRIGHTSCOMPLAINTS@usda.gov.

To file a program complaint of discrimination for HHS funded programs (TANF, LIHEAP, and others), complete the form online through OCR's Complaint Portal at https://ocrportal.hhs.gov/ocr/. You may also contact OCR via mail at: Centralized Case Management Operations, U.S. Department of Health and Human Services, 200 Independence Avenue, S.W., Room 509F HHH Bldg., Washington, D.C. 20201; fax: (202) 619-3818; or email: OCRmail@hhs.gov.

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.

100-4 H.      CIVIL RIGHTS POSTER

(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 FNSFood and Nutrition Service-approved poster.

100-4 I.      CIVIL RIGHTS ASSURANCE

In accordance with federal civil rights laws and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDAUnited States Department of Agriculture, its agencies, offices, and employees, and institutions participating in or administering USDAUnited States Department of Agriculture programs are prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDAUnited States Department of Agriculture. Programs that receive federal financial assistance from the U.S. Department of Health and Human Services (HHS), such as Temporary Assistance for Needy Families (TANF), and programs HHSDepartment of Health and Human Services directly operates are also prohibited from discrimination under federal civil rights laws and HHSDepartment of Health and Human Services regulations.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the agency (state or local) where they applied for benefits. Individuals who are deaf, hard of hearing or who have speech disabilities may contact USDAUnited States Department of Agriculture through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.