COMMENT DUE DATE:
February 24, 2017
February 13, 2017
Roger Scott, OCR, Assistant Administrator (405) 522-1614
Dena Thayer, Legal Services - Policy, Programs Administrator (405) 521-4326
Nancy Kelly, Legal Services - Policy, Policy Specialist (405) 522-6703
Non-APA WF 17-A
The proposed policy is Non-APA . This proposal is not subject to Administrative Procedures Act
It is important that you provide your comments regarding the proposal to revoke Oklahoma Department of Human Services (DHS) Regulations, Chapter 2, Subchapter 43. Office for Civil Rights.
SUBJECT:CHAPTER 2. ADMINISTRATIVE COMPONENTS
SUBCHAPTER 43. Office for Civil Rights [REVOKED]
(Reference WF 17-A)
The information in DHS:2-43-1 is now located in Oklahoma Administrative Code (OAC) 340:1-11-12 and 340:1-11-21.
The information in DHS:2-43-2 is now located in OAC 340:1-11-1.1.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162).
OKDHS:2-43-1.Purpose and scope of the procedure for complaints alleging discrimination [REVOKED]
Revised 6-25-07 The Oklahoma Department of Human Services (OKDHS) does not discriminate based on race, color, sex, age, disability, religion, national origin, or political opinion or affiliation.The OKDHS Director designated the Office for Civil Rights (OCR) to handle all complaints of discrimination covered under Titles VI and VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, as amended.[OAC 340:1-11-4(b)]OKDHS does not allow its employees or vendors to discriminate in the delivery of services to clients or in employment opportunities. (1) Any applicant for OKDHS employment or employee who believes he or she was subjected to discrimination or harassment based on race, color, sex, age, disability, religion, national origin, or political opinion or affiliation may file a complaint with the OKDHS OCR, elect to use the OKDHS grievance procedure [OKDHS:2‑1‑150 through 2-1-163], or both if applicable. (2) Filing a complaint or grievance does not constitute filing an appeal with any of the agencies listed in (A) through (C) of this paragraph.Use of the complaint or grievance procedure does not prevent an employee from filing a complaint, as applicable, with the: (A) Oklahoma Human Rights Commission; (B) Federal Equal Employment Opportunity Commission; or (C) Oklahoma Merit Protection Commission. (3) Any OKDHS client or applicant for services who believes he or she was subjected to discrimination or harassment based on race, color, sex, age, disability, religion, national origin, or political opinion or affiliation may file a complaint: (A) with the OKDHS OCR, elect to use the OKDHS grievance procedure [OAC 340:2-3-55], or both if applicable; (B) regarding food stamps, with the United States Department of Agriculture Director, Office of Civil Rights, Whitten Building Room 226, 1400 Independence Avenue, SW, Washington D.C. 20250-9410; (C) regarding Title VI programs, with the United States Department of Health and Human Services, Office for Civil Rights, 1301 Young Street, #1169, Dallas, Texas, 75202; (D) with the Oklahoma Human Rights Commission; or (E) with all of the options listed in (A) through (D) of this paragraph, if applicable.
DHS:2-43-2. Sexual harassment defined [REVOKED]
Issued 7-1-02 Sexual harassment is a form of discrimination as defined by Title VII of the Civil Rights Act of 1964, as amended. (1) Sexual harassment is defined as any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (A) submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment; (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; (C) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance creating an intimidating, hostile, or offensive working environment; or (D) such mutually agreeable conduct between parties results in adverse working conditions for uninvolved third parties, such as co-workers or subordinates. (2) Department of Human Services (DHS) takes all steps necessary to prevent sexual harassment from occurring, including but not limited to: (A) providing training and disseminating written policy to all employees; (B) affirmatively raising the subject and expressing strong disapproval; and (C) developing appropriate sanctions and taking corrective action. (3) Clients and employees who make allegations of sexual harassment may file a complaint using any of the processes described in DHS:2-43-1(3)(A) through (E).