COMMENT DUE DATE:
March 17, 2016
DATE:
February 16, 2016
Roger Scott, Programs Assistant Administrator (405) 522-1614
Dena Thayer, OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP Policy Specialist, (405) 522-6703
RE:
APA WF 15-07
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
A public hearing is scheduled for 9:00 a.m. on March 25, 2016 at the Oklahoma Department of Human Services, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, OK73105, Room C-48. Anyone who wants to speak must sign in at the door by 9:05 a.m.
SUBJECT:CHAPTER 1. FUNCTION AND STRUCTURE OF THE OKLAHOMA DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER 11. Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age, Religion, or Disability [AMEND
Part 1. Methods of Administration
OAC 340:1-11-1 through 340:1-11-1.1 [AMENDED]
OAC 340:1-11-2 [REVOKED]
OAC 340:1-11-3 through 340:1-11-7 [AMENDED]
OAC 340:1-11-9 through 340:1-11-14 [AMENDED]
OAC 340:1-11-15 [REVOKED]
Part 2.Food Stamp Supplemental Nutrition Assistance Program Discrimination Complaint and Non-compliance System [AMENDED]
OAC 340:1-11-20 through 340:1-11-22 [AMENDED]
OAC 340:1-11-24 [AMENDED]
OAC 340:1-11-26 through 340:1-11-27 [AMENDED]
Part 3. The Americans with Disabilities Act Request and Complaint System
OAC 340:1-11-40 through 340:1-11-41 [AMENDED]
OAC 340:1-11-42 [REVOKED]
OAC 340:1-11-43 through 340:1-11-45 [AMENDED]
OAC 340:1-11-46 through 340:1-11-49 [REVOKED]
OAC 340:1-11-50 [AMENDED]
OAC 340:1-11-51 through 340:1-11-52 [REVOKED]
OAC 340:1-11-53 through 340:1-11-54 [AMENDED]
OAC 340:1-11-55 [REVOKED]
OAC 340:1 Appendix B Response for Request for Reasonable Accommodation for Disability [REVOKED]
(Reference WF 15-07)
SUMMARY:The proposed revisions to Chapter 1, Subchapter 11, Part 1 amend the rules regarding the non-discriminatory procedures to align with current practice, incorporate plain language standards, and comply with federal anti-discrimination statutes and United States (U.S.) Supreme Court decisions.
The proposed revisions to Chapter 1, Subchapter 11, Part 2 amend the rules regarding the non-discriminatory procedures required in the Supplemental Nutrition Assistance Program to align with current practice, incorporate plain language standards, and comply with federal regulations.
The proposed revisions to Chapter 11, Subchapter 11, Part 3 amend the rules regarding the administration of the Americans with Disabilities Act especially requests for reasonable accommodation under said Act, to align with current practice, incorporate plain language standards, and comply with the Americans with Disabilities Amendments Act (ADAAA).
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162).
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:William T. Drapala
Civil Rights Administrator
Date:January 20, 2016
Re:CHAPTER 1. FUNCTION AND STRUCTURE OF THE OKLAHOMA DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER 11. Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age, Religion, or Disability [AMENDED]
Part 1. Methods of Administration
OAC 340:1-11-1 through 340:1-11-1.1 [AMENDED]
OAC 340:1-11-2 [REVOKED]
OAC 340:1-11-3 through 340:1-11-7 [AMENDED]
OAC 340:1-11-9 through 340:1-11-14 [AMENDED]
OAC 340:1-11-15 [REVOKED]
Part 2.Food Stamp Supplemental Nutrition Assistance Program Discrimination Complaint and Non-compliance System [AMENDED]
OAC 340:1-11-20 through 340:1-11-22 [AMENDED]
OAC 340:1-11-24 [AMENDED]
OAC 340:1-11-26 through 340:1-11-27 [AMENDED]
Part 3. The Americans with Disabilities Act Request and Complaint System
OAC 340:1-11-40 through 340:1-11-41 [AMENDED]
OAC 340:1-11-42 [REVOKED]
OAC 340:1-11-43 through 340:1-11-45 [AMENDED]
OAC 340:1-11-46 through 340:1-11-49 [REVOKED]
OAC 340:1-11-50 [AMENDED]
OAC 340:1-11-51 through 340:1-11-52 [REVOKED]
OAC 340:1-11-53 through 340:1-11-54 [AMENDED]
OAC 340:1-11-55 [REVOKED]
OAC 340:1 Appendix B Response for Request for Reasonable Accommodation for Disability [REVOKED]
(Reference WF 15-07)
Contact:Roger Scott, Programs Assistant Administrator, 405-522-1614
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Chapter 1, Subchapter 11, Part 1 amend the rules regarding the non-discriminatory procedures to align with current practice, incorporate plain language standards, and comply with federal anti-discrimination statutes and United States (U.S.) Supreme Court decisions.
The proposed revisions to Chapter 1, Subchapter 11, Part 2 amend the rules regarding the non-discriminatory procedures required in the Supplemental Nutrition Assistance Program to align with current practice, incorporate plain language standards, and comply with federal regulations.
The proposed revisions to Chapter 11, Subchapter 11, Part 3 amend the rules regarding the administration of the Americans with Disabilities Act especially requests for reasonable accommodation under said Act, to align with current practice, incorporate plain language standards, and comply with the Americans with Disabilities Amendments Act (ADAAA).
Strategic Plan Impact.
The proposed rules to Chapter 1, Subchapter 11, Parts 1 through 3 achieve Oklahoma Department of Human Services (DHS) goals by providing clarification of the nondiscrimination practices and procedures used by DHS in relation to staff, clients, and vendors.
Substantive changes.
Subchapter 11. Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age, Religion or Disability is amended to delete the list of protected classes as that information is provided in Oklahoma Administrative Code (OAC) 340:1-11-1.
Part 1.Methods of Administration
OAC 340:1-11-1 is amended to include a more exhaustive list of anti-discrimination laws and regulations.
OAC 340:1-11-1.1 is amended to remove unnecessary definitions.
OAC 340:1-11-2 is revoked as unnecessary.
OAC 340:1-11-3 is amended to clarify what discriminatory practices are prohibited.
OAC 340:1-11-4 is amended to clarify DHS administration responsibilities.
OAC 340:1-11-5 is amended to address the program monitoring practices of the Civil Rights Administrator.
OAC 340:1-11-6 is amended to change Department to Oklahoma Department of Human Services.
OAC 340:1-11-7 is amended to clarify the purpose and nature of awareness training.
OAC 340:1-11-8 is amended to better define the use of client population group reports to ensure full program and service participation.
OAC 340:1-11-9 is amended to reflect the current efforts to include diverse groups in planning and advisory boards.
OAC 340:1-11-10 is amended to address changes in the contracts for interpreter services.
OAC 340:1-11-1. is amended to clarify the responsibilities of the Civil Rights Administrator in executing compliance reviews.
OAC 340:1-11-12 is amended to clarify the procedures for filing a discrimination complaint.
OAC 340:1-11-14 is amended to clarify the role of DHS in ensuring non-discrimination by its vendors and contractors.
OAC 340:1-11-15 is revoked as it regards discrimination against persons with disabilities and such discrimination is addressed in OAC 340:1-11-1 and OAC 340:1-11-3.
Part 2.Food Stamp Supplemental Nutrition Assistance Program Discrimination Complaint and Non-compliance System [AMENDED]
OAC 340:1-11-20 is amended to reflect the name change of the Food Stamp Program (FSP) to the Supplemental Nutrition Assistance Program (SNAP) and to update the procedures to reflect current federal regulations.
OAC 340:1-11-21 is amended to reflect the name change of the FSP to SNAP.
OAC 340:1-11-22 is amended to reflect the name change of the FSP to SNAP and to clarify the discriminatory practices prohibited.
OAC 340:1-11-24 is amended to clarify the anti-retaliation rights of SNAP participants and applicants.
OAC 340:1-11-26 is amended to remove unnecessary text and to clarify the confidential nature of SNAP discrimination complaints.
OAC 340:1-11-27 is amended to reflect changes in the civil rights training regulations of the United States Department of Agriculture Food and Nutrition Service and to reflect the name change of the FSP to SNAP.
OAC 340:1-11-40 is amended to reflect the passage of the ADAAA.
OAC 340:1-11-41 is amended to clarify the procedures for addressing requests for reasonable accommodation under the ADAAA by employees.
OAC 340:1-11-42 is revoked as the information is provided via links to on-line content.
OAC 340:1-11-43 is amended to clarify the role of the Office for Civil Rights in administering the request for reasonable accommodation program.
OAC 340:1-11-44 is amended to clarify the procedures for addressing requests for reasonable accommodation under the ADAAA by DHS clients.
OAC 340:1-11-45 is amended to clarify the procedures for addressing a request for a reasonable accommodation under the ADAAA by a job applicant.
OAC 340:1-11-46 is revoked as unnecessary.
OAC 340:1-11-47 through 340:1-11-49 are revoked as the pertinent information is now included in OAC 340:1-11-41.
OAC 340:1-11-50 is amended to clarify the responsibilities of the Review Request Committee.
OAC 340:1-11-51 is revoked to align the rules with current practice.
OAC 340:1-11-52 is revoked as the pertinent information is now included in OAC 340:1-11-41.
OAC 340:1-11-53 is amended to clarify the ADAAA rights of current and former illegal drug users.
OAC 340:1-11-54 is amended to clarify the undue hardship exemptions under the ADAAA.
OAC 340:1-11-55 is revoked as the pertinent information is now included in OAC 340:1-11-3.
Reasons.
The proposed revisions address changes in federal and state law, US Supreme Court decisions and federal regulations which necessitate modifications in DHS nondiscrimination procedures and practices.
Repercussions.
Chapter 1, Subchapter 11, Part 1:The proposed revisions are designed to provide clear information regarding the non-discriminatory practices and procedures DHS uses as an employer and in administering programs and services to citizens.
Chapter 1, Subchapter 11, Part 2:The proposed modifications are designed to ensure compliance with federal civil rights regulations concerning the SNAP.
Chapter 1, Subchapter 11, Part 3:The proposed changes are designed to ensure compliance with the ADAAA for the benefit of employees and clients.
Legal authority.
Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162).
Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed rules are DHS staff, clients, vendors, and contractors.The affected classes bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are DHS staff, clients, vendors, and contractors.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The revised rules do not have an economic impact on the affected entities.There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The cost of printing and distributing the rules is estimated to be less than $20.The revised rules benefit DHS through enhanced understanding of the DHS nondiscrimination rules.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an impact on any political subdivision, nor will the cooperation of any political subdivision be required in implementation of enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rules.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:The proposed rules will have no effect on the public health, safety, and environment.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:There will be no detrimental effect on public health, safety, and environment if the proposed rules are not implemented.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared on May 22, 2015; modified September 1, 2015; modified December 17, 2015; modified January 20, 2016.
SUBCHAPTER 11. CIVIL RIGHTS AND NONDISCRIMINATION ON BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, AGE, RELIGION, OR DISABILITY
PART 1. METHODS OF ADMINISTRATION
340:1-11-1. Statement of compliance
Revised 5-20-989-15-16
The Oklahoma Department of Human Services will administer (DHS) administers its programs and business, either directly, indirectly, or through contractual or other arrangements, in accordance with per:
(1) Title VI and Title VII of the Civil Rights Acts of 1964, Title 45, Code of Federal Regulations,;
(2) Section 504 of the Rehabilitation Act of 1973,;
(3) the Age Discrimination Act of 1975, and;
(4) the Age Discrimination in Employment Act;
(5) the Americans With Disabilities Act of 1990;
(6) the Americans With Disabilities Act Amendments Act;
(7) the Equal Pay Act;
(8) the Pregnancy Discrimination Act;
(9) the Genetic Information Non-Discrimination Act;
(10) the Oklahoma Anti-Discrimination Act; and
(11) the Oklahoma Merit Rules for Employment.
340:1-11-1.1. Definitions
Revised 5-11-019-15-16
The following words and terms when used in this Subchapter, shall have the following meaning meanings unless the context clearly indicates otherwise:
"ADA" means the Americans With Disabilities Act of 1990, as amended at 42 U.S.C. § 12101-12117 Sections 12101-12117 of Title 42 of the United States Code (42 U.S.C. §§ 12101-12117), (SUPP. V.1994) Public Law 101-336.¢ 1
"ADA, Title I" means employers do not discriminate against qualified individuals or applicants with disabilities.Employers reasonably accommodate the qualified employee or applicant by modifying work stations and equipment, unless undue hardship would result.
"ADA, Title II" meansstate and local governments do not discriminate against qualified individuals or applicants with a disability in any program, service, or activity provided or administered by public entities, regardless of whether federal funds are received.
"ADA, Title III" means public accommodations do not discriminate on the basis of disability.Existing physical barriers are removed, if possible.New construction will be accessible.
"ADA, Title IV" means telecommunications are provided by telephone companies for deaf and hard of hearing and speech impaired individuals 24 hours per day.
"Age Discrimination Act of 1975" means 29 U.S.C. 621-634.[Public Law 94-135]This law states it is unlawful to discriminate in employment practices based on age.
"DHHS-OCR" means the U.S. Department of Health and Human Services - Office For Civil Rights, Dallas, Texas 75202.
"Deaf person" means a person whose hearing loss is so severe that the individual cannot communicate through oral or aural means, or a person with a hearing loss to a degree that it impedes the conduct of essential business requirements, and poses a risk of possible personal or financial loss in the acquisition or receipt of social services, employment, health and safety situations, and other instances when meaningful communication is critical.
"Department" means the Oklahoma Department of Human Services (DHS).
"Director" means the Director of DHS.
"Disabled person" means, according to ADA, any person who:
(A) has a physical or mental impairment which substantially limits one or more of his or her major life activities;
(B) has a record of such impairment; or
(C) is regarded as having such impairment.
"Discrimination or non-compliance" means discrimination or non-compliance based on age, religion, disability, political affiliation, sex, race, color, or national origin differential treatment, such as conduct, actions, or decisions, based on race, color, national origin, sex, religion, age, disability, genetic information, or political opinion or affiliation unless authorized by law.
"Drug" means a controlled substance, as defined in Schedules I through V of Section 202 of the Controlled Substance Act [21 U.S.C. 812] 29 C.F.R. 1630.3(a)(1).
"Essential job functions" means the fundamental job duties of an individual position.The term does not include marginal functions of the position.Evidence of the essential job functions are:
(A) the employer's judgment of the essential job functions,;
(B) a written job description prepared before advertising or interviewing employees or applicants for the individual position,;
(C) the amount of time spent performing the identified essential job functions,; and (D) if these functions are identified as critical on the employee's performance evaluation.The term does not include marginal functions of the position.
"FNS" means the U.S. Department of Agriculture, Food and Nutrition Service, Dallas Regional Office, Dallas, TX.
"Harassment" means unwelcome or offensive behavior based on membership in a protected class that is so severe and/or pervasive in nature that it alters the conditions of the victim's working environment.
"Has a record of such impairment" means the individual has a history of, or who is treated as having, a mental or physical impairment that substantially limits one or more major life activities.
"Illegal use of drugs" means the use of drugs of which possession or distribution is unlawful under the Controlled Substance Act, as periodically updated by the Food and Drug Administration.
"Is regarded as having such an impairment" means a person:
(A) has a physical or mental impairment that does not substantially limit major life activities but is treated by a covered entity as constituting such limitation;
(B) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
(C) has none of the impairments defined herein but is treated by a covered entity as having a substantially limiting impairment.
"Local coordinator" means the local or county coordinator.
"Major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
"OCR" means the DHS Office for Civil Rights.
"Physical or mental impairment" means:
(A) any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting neurological, musculo-skeletal, special sense organs, respiratory, cardiovascular, reproductive, digestive, genitourinary, hepatic and lymphatic, skin, or endocrine systems; or
(B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities.
"Protected Activity" means:
(A) filing a discrimination complaint or a request for reasonable accommodation;
(B) participating in an investigation or administrative or court hearing regarding a complaint of discrimination; or
(C) opposing an alleged discriminatory act in a lawful manner.
"Protected Class" means a group of people or an identifying characteristic of people prohibited by law from being used as a basis or motivation for employment actions or program or service delivery or eligibility.Protected classes include race, color, national origin, religion, sex, age, disability, political opinion or affiliation, and genetic information.
"Qualified individual with a disability" means:
(A) employment: an individual with a disability who satisfies the requisite skill, experience, education, and other job-related requirements of theindividual employment position he or she holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position; or
(B) programs: an individual with a disability who with or without reasonable modifications to rules, policies, or practices; removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities administered by DHS.
"Reasonable accommodation" means modifications or adjustments:
(A) to a job application process that enable a qualified applicant with a disability to be considered for the position he or she desires;
(B) to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
(C) that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by the entity's other similarly situated employees without disabilities.
"Relationship or association with an individual with a disability" means a qualified individual with or without a disability who has a known relationship or association with an individual who has a known disability.While such individuals are protected from discrimination in terms of equal jobs and benefits, and equal programs and activities, there is no requirement for an employer to provide a person without a disability with a reasonable accommodation.This duty only applies to qualified applicants or employees with disabilities.
"Request Review Committee (RRC)" means the committee used to resolve ADA requests which exceed specified time frames, cost more than $600, or are unresolved.The chair is appointed by the Director.The committee meets monthly or as needed and prepares written responses within ten working days of meeting.
"Retaliation" means actions, threats, or intimidation as a reprisal for participating in a protected activity.
"Section 504" means Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. [Public Law 93-112]This Section guarantees the civil rights of a qualified disabled person.No qualified disabled person is excluded from participation or denied benefits on the basis of disability, or otherwise subjected to discrimination under any program or activity that receives or benefits from federal financial assistance.
"Substantially limits" means:
(A) unable to perform a major life activity that the average person in the general population can perform; or
(B) significantly restricted as to the condition, manner, or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.
"Title VI" means Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2000 et. seq., which prohibits discrimination based on race, color, national origin, religion, or sex in federally assisted programs.
"Title VII" means Title VII of the Civil Rights Act of 1964, as amended, Public Law 102-166, which prohibits discrimination in employment based on race, color, national origin, religion, or sex.
"Undue hardship" means, with respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity.The concept of undue hardship is not limited to financial difficulty.Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business.
INSTRUCTIONS TO STAFF 340:1-11-1.1
Issued 9-16-16
1.Additional definitions relating to the Americans with Disabilities Act are found at: http://www.ecfr.gov/cgi-bin/text-idx?SID=cd4e271638b1336c791561734bfd3e82&mc=true&node=se28.1.35_1104&rgn=div8.
340:1-11-2. Designated agency [REVOKED]
Revised 5-11-01
The Department of Human Services is designated as the agency responsible for operating:
(1) Aging Services;
(2) Children and Family Services;
(3) Child Support Enforcement;
(4) Developmental Disabilities Services;
(5) Family Support Services; and
(6) all other programs administered by the Department.
340:1-11-3. Practices prohibited
Revised 5-11-019-15-16
(a) The Oklahoma Department of Human Services (DHS) Director does not discriminate nor and does not allow any member of his or her DHS staff, Department or DHS contractors, vendors, or sub-grantees, or other interested persons to discriminate.
(b) The DHS Director does not issue nor and does not allow the issuance of rules, regulations, directives, or other public communications that have the effect of subjecting individuals to discrimination.
340:1-11-4. Administration responsibilities
Revised 5-11-019-15-16
(a) The Oklahoma Department of Human Services (DHS) Director assumes full responsibility for compliance with Title VI, Title VII, Section 504, and the ADA per Oklahoma Administrative Code (OAC) 340:1-11-1.
(b) The DHS Director designates as the OCR administrator a staff member of his or her staff not organizationally related to the Agency's DHS personnel administration, as the Office for Civil Rights (OCR) administrator.The OCR administrator is a person who is knowledgeable and sensitive to the problems of minorities and the disabled of civil rights laws.The OCR administrator is the employee responsible for implementing Section 504, Title VI, Title VII, and the ADA.
(c) The DHS Director assigns full compliance responsibility to all DHS administrators, and managers, and supervisors.The administrators, and managers, and supervisors keep and maintain essential records and files relative to Title VI, Title VII, Section 504, and the ADA per OAC 340:1-11-1.
(d) The administrators and Administrators, managers, and supervisors avail themselves of the OCR administrator's technical assistance and training provided by the OCR administrator.They comply Administrators, managers, and supervisors comply with the Methods of Administration, and the Plan for Implementation designed and prepared by the OCR administrator.
(e) The OCR administrator is responsible for:
(1) developing rule statements rules, regulations, and compliance programs for Title VI, Title VII, Section 504, and the ADA, which DHHS-OCR and FNS determine necessary to fulfill the requirements of these Methods of Administration per OAC 340:1-11-1, and disseminate disseminating those requirements to:
(A) staff;
(B) beneficiaries clients;
(C) subcontractors or contractors, vendors, and sub-grantees;
(D) interested members of the general public; and
(E) customary referral services;
(2) developing a Plan for Implementation of the Methods of Administration and the Plan for Implementation;
(3) keeping the DHS Director, administrators, managers, and supervising personnel supervisors informed of all Title VI, Title VII, Section 504, and ADA nondiscrimination requirements and responsibilities, per OAC 340:1-11-1;
(4) monitoring and evaluating the Title VI, Title VII, Section 504, and ADA program DHS nondiscrimination activities of the Department, identifying the need for remedial action and appropriate follow-up review, and submitting reports, as required to the DHS Director, the Department of Health and Human Services-Office for Civil Rights DHHS-OCR (DHHS-OCR), and FNS regarding data analysis, training, reviews, and similar reports the Food and Nutrition Service (FNS);
(5) providing training and technical assistance, and serving as a resource person to for DHS staff regarding Title VI, Title VII, Section 504, and ADA nondiscrimination responsibilities;
(6) assigning OCR personnel from OCR to perform compliance reviews, and to investigate discrimination complaints of discrimination and Equal Employment Opportunity Commission (EEOC) charges, and initiating other Title VI and Title VII implementation procedures as required;
(7) preparing the annual DHS Affirmative Action Plan annually;
(8) making follow-up reviews conducting Americans with Disabilities Amendments Act compliance inspections of all DHS facilities and recommend recommending remedial action to the DHS Director and to the facility, when necessary;
(9) receiving appeals of Request Review Committee decisions;
(10) overseeing the preparation of compliance reports for submission to DHHS-OCR and FNS as required in federal regulations investigations of discrimination complaints received by the Office for Civil Rights; and
(11) acting as the liaison between the DHS Director, DHHS-OCR, FNS, minority and community organizations, and groups advocating for persons with disabilities in all matters concerning Title IV, Title VII, ADA, and Section 504 and the nondiscrimination in the DHS delivery of the Department's services.; and
(12) testifying in matters concerning civil rights before entities, such as boards, commissions, or legislative panels.
340:1-11-5. Administration of programs
Issued 2-1-98Revised 9-15-16
Prior to implementation of any new programs or new methods for providing existing services, the Civil Rights Administrator, upon request, conducts a study and prepares a report which that shows the impact on minority groups and persons with disabilities, and the accessibility of the services, as proposed, to minority clients or clients with disabilities, - both present and prospective.¢ 1
INSTRUCTIONS TO STAFF 340:1-11-5
Issued 2-1-98Revised 9-15-16
1.The activities in (1) - (4) of this instruction Instruction are used to achieve the administration of administer programs.
(1) Methods The Office for Civil Rights administrator solicits methods of recording and reporting the services delivery of the services by race, disability, and limited English proficiency will be solicited by the Civil Rights Administrator from each department program, facility, contractor, institution, or local office participating in the program.
(2) The Department The Oklahoma Department of Human Services (DHS) takes positive action, consistent with Title VI regulations or Section 504 regulations of the Rehabilitation Act of 1973, to overcome the effects of conditions which that result or have resulted in limiting participation in any program.
(3) The Department DHS ensures that minority clients be are assigned staff competent to serve them;.This is however, this does not to imply that the staff member must be of the same race or national origin as the client but that:
(A) where there are when clients or potential clients who cannot express themselves fluently in English, there are sufficient numbers of adequately placed personnel who are fluent in their language, staff has access to translation resources to serve them; and
(B) department DHS staff are is sensitive to the special needs occasioned by the culture and cultures of particular such clients and will meet those special needs with special assignments.
(4) The Department DHS ensures that the services and activities of its programs will be are accessible to clients with disabilities.
340:1-11-6. Dissemination of policy
Issued 2-1-98Revised 9-15-16
The Department Oklahoma Department of Human Servicesinforms all employees staff, clients, applicants, contractors, vendors, sub-grantees, and the general public that all programs and services are provided on a nondiscriminatory basis.¢ 1
INSTRUCTIONS TO STAFF 340:1-11-6
Issued 2-1-98Revised 9-15-16
1.The methods of disseminating nondiscrimination policy include:
(1) a written notice on all application and admission forms applications;
(2) a nondiscrimination statement on all invoices, financial transaction forms, contracts and agreements, business communications, and other related forms;
(3) a statement in all brochures and pamphlets distributed to beneficiaries clients, applicants, and the public on the Department's policy of nondiscrimination.Press as well as press releases also include a statement regarding non-discrimination;
(4) official posters for distribution in DHS facilities and distributed to vendors and recipients to be placed and community agencies are placed in prominent public places.Official posters are also placed in DHS facilities such as hospitals or rehabilitation centers;
(5) information provided to the general public on its the right to file complaints, and of the address of U.S. the United States Department of Health and Human Services, Office For of Civil Rights, Dallas, TX Texas 75202, to which complaints are sent.The mailing address is made available, but may be omitted from the poster as long as when the address is provided in some other format, such as on the complaint form or handout;
(6) in areas where the client population served by a program is 5% or more non-English speaking, printed material, such as application forms, questionnaires, payment information, and patient rights handbooks, in the respective language, in areas where the client population served is five percent or more non-English speaking; and
(7) appropriate auxiliary aids, where necessary, to afford persons with impaired sensory, manual, or speaking skills an equal opportunity to learn of Department policies or to benefit from its DHS programs or services.
340:1-11-7. Awareness training
Revised 5-20-989-15-16
(a) The Office for Civil Rights Administrator administrator ensures that all of the Department Oklahoma Department of Human Services (DHS) staff are provided with on-going training designed to instill awareness of ethnic, cultural and disability characteristics and to develop the capability for responding ensure awareness of diversity issues and of appropriate responses to unique needs of minorities and persons with disabilities or minority recipients.Such training will include Training includes:
(1) Title VI, Title VII, Section 504, and ADA requirements legal interpretations of anti-discrimination laws;
(2) compliance review objectives; and
(3) basis for determining discrimination; cultural and disability awareness
(4) cultural awareness and characteristics; and
(5) disability awareness and characteristics.
(b) The Civil Rights Administrator provides the administrators and managers with on-going training in compliance review techniques and procedures, reporting procedures, data gathering and analysis, and any other appropriate instruction pertaining to Title VI, Title VII, Section 504, and ADA.
340:1-11-9. Composition of planning and rulemaking bodies
Revised 5-11-019-15-16
(a) The Department Oklahoma Department of Human Services (DHS) provides minority groups and persons with disabilities the opportunity for membership opportunities on its planning and advisory boards.¢ 1
(b) The Department DHS ensures that all contractors, vendors, and sub-grantees are aware of, and makes every reasonable effort to comply with, the legal stipulations outlined in per federal regulations pertaining to the inclusion of minorities and persons with disabilities in on planning and advisory boards.
(c) The Department DHS provides interested persons, including persons with disabilities or organizations representing persons with disabilities, the opportunity to assist in the self-evaluation of its current rules and practices and the their effect, thereof in regard to per Section 504 and ADA of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Americans with Disabilities Act Amendments Act.
INSTRUCTIONS TO STAFF 340:1-11-9
Revised 5-11-019-15-16
1.The Department Oklahoma Department of Human Services provides DHHS-OCR the United States Department of Health and Human Services, Office for Civil Rights or FNS Food and Nutrition Services with the documentation that shows the showing efforts made to make positions available to the minority community and persons with disabilities.
340:1-11-10. Interpreter Services Program
Revised 5-11-019-15-16
(a) The purpose of this Section is to establish a uniform system for processing requests for interpreter services for clients, employees, applicants for services or employment, or children in Oklahoma Department of Human Services (DHS) custody.The Department DHS provides, at no charge, interpreter services for DHS clients, applicants, and employees with limited English proficiency (LEP), or who are deaf or hard of hearing to overcome language barriers and provide equal access and equal opportunity to participate in DHS services and employment.
(b) This rule Section is applicable to all divisions DHS programs, and offices within the Department.¢ 1
(c) Arrangements for interpreters are made as described in per (1) and (2) of this subsection.
(1) LEP or bilingual interpreters.Each local county office or facility maintains a list of employees and community members of the community who are available to provide interpreter translation services.The list designates the interpreter's translator's name, contact phone number, and the language spoken.Employees use contracted language translation providers when a local, suitable translator is not available.Friends or family members of clients, especially children, are not used for translating information related to eligibility for services, except in emergency situations.In areas where the client population served by a program is 5% five percent or more non-English speaking, a formalized procedure for bilingual services and literature in the respective language must be provided by DHS.
(2) Deaf or hard of hearing interpreters.DHS provides, at no cost, oral or sign language interpreter services to anyone who is deaf and needs an oral or sign language interpreter to receive or continue to receive DHS services, or retain or maintain DHS employment with the Department.DHS has a contract uses contracted vendors to provide qualified interpreter services statewide for all deaf persons desiring either requesting American Sign Language, Manually Coded English, or oral interpretation, except when services are specifically authorized through the Interpreter Services Program of the State Oklahoma Department of Rehabilitation Services.Clients or employees may contact the statewide contractor directly local DHS offices to request services.The statewide contractor's name and toll free telephone numbers are listed on DHS poster number S96038 OKDHS, Notice of Interpreter Services for the Deaf and Hard of Hearing.Posters DHS Pub. No. 05-02, Sign Language Services, posters are placed in prominent places prominently in DHS offices and facilities.
INSTRUCTIONS TO STAFF 340:1-11-10
Revised 5-11-019-15-16
1.The Department Oklahoma Department of Human Services ensures the applicant, client, or employee understands a:
(1) a qualified interpreter is provided at no charge; and
(2) a family member or relative may not be qualified to serve as an interpreter due to the:
(A) lack of familiarity with specific technical terms; or
(B) the possibility of breach of confidentiality or reluctance to reveal critical personal information to family members or friends.
340:1-11-11. Execution of compliance reviews
Revised 5-20-989-15-16
(a) The Upon request, the Office for Civil Rights Administrator administrator develops procedures to analyze and evaluate applications for new facilities with change of ownership and initial applications.The procedures are distributed among the administrators and managers.The procedures include, but are not limited to:
(1) initiating an original information packet of information;
(2) orienting the facility to Title VI, Title VII, ADA, and Section 504 and their regulations per Oklahoma Administrative Code (OAC) 340:1-11-1;
(3) analyzing and evaluating material upon receipt; and
(4) determining compliance status.
(b) The Department Upon request, the Oklahoma Department of Human Services (DHS) makes periodic compliance reviews to ensure that practices being utilized conform to Title VI, Title VII, ADA, Section 504 with OAC 340:1-11-1 and the Department's DHS Methods of Administration and Statement of Compliance.¢ 1
INSTRUCTIONS TO STAFF 340:1-11-11
Revised 5-20-989-15-16
1.The Office for Civil Rights Administrator administrator monitors compliance reviews and elicits collects information that provides facts related to from local Oklahoma Department of Human Services (DHS) staff regarding:
(1) desegregation and facility accessibility of facilities to persons with disabilities;
(2) availability of notices to clients, potential clients, and the public concerning the facility's DHS compliance policy of compliance;
(3) the extent of participation in programs program participation by minorities, persons with limited English proficiency, and persons with disabilities;
(4) procedures for service delivery of services;
(5) uniform use of courtesy titles;
(6) utilization of minority groups and persons with disabilities as staff members DHS employees;
(7)(6) referral practices;
(8)(7) employment practices as they relate to the delivery of services; and
(9)(8) the bilingual-cultural capability of the staff for delivering to deliver services.
340:1-11-12. Complaint policy and procedures
Revised 5-11-019-15-16
(a) Any persons person or group who believes they, or any specific class of persons, have been were subjected to discrimination in a Department an Oklahoma Department of Human Services (DHS) program subject to Title VI, Title VII, ADA, or Section 504 Oklahoma Administrative Code (OAC) 340:1-11-1 may make a complaint of discrimination in person, by representation, by telephone phone, or by written communications communication.¢ 1The complainant has a right to file a complaint of the alleged discriminatory action(s) with the Department DHS, FNS the Food and Nutrition Service (FNS), or with DHHS‑OCR the Department of Health and Human Services-Office of Civil Rights (DHHS-OCR).¢ 2
(b) For Food Stamp Supplemental Nutrition Assistance Program or service-delivery complaints, complaints see refer to OAC 340:1-11-20.
(c) The complainant has Employees or applicants for employment have the right to file an employment a complaint of alleged discriminatory employment action(s) with any or all of the entities listed in (1) - (4) of this subsection.The complainant may file with:
(1) the Department of Human Services DHS within 180-calendar days.; if When the complaint is filed directly with the Department DHS, either at the State Office, or any a local county office, or at a facility, representatives of that office or facility explain both the federal and state complaint systems and advise the complainant of his or her right to file in either, or both, systems;
(2) the Human Rights Commission Oklahoma Attorney General's Office for Civil Rights Enforcement within 180-calendar days;
(3) the Equal Employment Opportunity Commission within 300-calendar days; or
(4) the Oklahoma Merit Protection Commission (MPC) within 20-calendar days of the discriminatory action.; or
(5) the DHS Employee Grievance Program within 20-calendar days of the discriminatory action.
(d) The time for filing may be extended by the responsible OCR official.
(e) Any person who expresses an interest in filing a complaint may do so without fear of or files a complaint is protected from retaliation, intimidation, coercion, or threats.
(f) No person is adversely affected because they made a complaint, testified, assisted, or participated in any manner in an investigation, review, proceeding, or hearing under this policy.
(g)(e) The Department must conduct DHS conducts a prompt and thorough complaint investigation of the complaint.The Office for Civil Rights (OCR), administrator determines whether or not if discrimination did in fact occur occurred.If When discrimination occurred, the Department DHS takes all necessary action to correct the discriminatory practice(s).The complainant is timely advised, in a timely fashion, of the DHS findings of the Department regarding his or her complaint and is advised of the right to appeal to DHHS-OCR, FNS, or the Director if MPC, when not satisfied with the Department's DHS decision.Records are maintained which show that include the nature of the complaint, the investigation details of the investigation, and the DHS actions taken by the Department.
(h)(f) In those cases where When the complaint is initially filed initially with DHHS-OCR, that office may proceed to investigate the complaint utilizing its own resources, or it may request the Department to conduct the investigation.
(g) In either instance, the The complainant's identity of complainants is kept confidential, except to the extent necessary for the to conduct of any the investigation, hearing, or judicial proceeding.Violations of confidentiality are subject to corrective discipline.
Instructions to staff 340:1-11-12
Revised 5-11-019-15-16
1.If When a person makes an allegation in person or through a by telephone conversation and refuses, or is not inclined to put such allegations in writing, the person who receives the allegation must put the components of the complaint in writing.Every effort is made to have obtain, from the complainant provide:
(1) his or her name, address, and telephone phone number or other means of contacting the complainant contact;
(2) the specific location and name of the entity delivering the benefits;
(3) the nature of the incident(s) or action(s) that made the complainant feel that discrimination was a factor and an example of the treatment, which is having a disparate effect on the public, applicants, or participants;
(4) the basis on which the complainant feels he or she was discriminated against;
(5) the names, titles, and business addresses, and phone numbers of persons who may have knowledge of the discriminatory action(s); and
(6) the date which the alleged discriminatory action(s) occurred, or if continuing when ongoing, the duration of such action action(s).
2.The use of any form to file a written complaint is not a prerequisite for the acceptance of any required for a client's complaint to be accepted.However; however, the complainant is encouraged to complete Form OCR-1 14CR001E, Discrimination Complaint Form - Client or Vendor, or.Employees use Form P-19 14CR019E, Discrimination Complaint Form – Employee, to file a written complaint.
340:1-11-13. Determination of site or location of facilities
Issued 2-1-98Revised 9-15-16
The site of the Oklahoma Department of Human Services (DHS) offices or facilities of the Department or those of a DHS vendor with whom the Department contracts contracted for the delivery of services are must be physically accessible to all minority groups and persons with disabilities.The access to services administered by the Department or its contractual participants shall not limit access to minority groups and persons with disabilities or jeopardize such access by an adverse change in the geographic location or relocation.The Department shall DHS may withhold approval until compliance with Civil Rights requirements per Oklahoma Administrative Code 340:1-11-1 are met by applicants for grants, reimbursements, and provisions of services, based on the criteria in (1) - (4) of this Section.
(1) The effect on the particular racial, ethnic, or disabled groups served by the facility prior to the proposed relocation is studied.
(2) Where a particular group has no other alternative services available, the contractual participant assures ensures services for minority and disabled persons.
(3) The relocating agency provides adequate assurances assurance that it does provide services to disabled persons and minorities residing in the community, for example such as specialty hospitals or other unique service facilities.
(4) The relocating agency provides adequate assurances assurance that the facilities or agencies remaining in the area originally serviced will must provide adequate services to the concerned minorities or disabled group.
340:1-11-14. Department Oklahoma Department of Human Services (DHS) responsibility to vendors and subcontractors contractors, vendors, and sub-grantees
Revised 5-20-989-15-16
(a) The Department imposes upon DHS requires its contractors, vendors, and subcontractors methods of compliance with Title VI, Title VII, ADA and Section 504 comparable to these methods of administration sub-grantees to comply per Oklahoma Administrative Code (OAC) 340:1-11-1.Vendors and subcontractors Contractors, vendors, and sub-grantees are informed that their compliance with Title VI, Title VII, ADA and Section 504 OAC 340:1-11-1 is a condition of their the initial or continued participation in any part of the programs in which they may be are involved.In each DHS-written authorization of the Department for the purchase of services, a requirement is included that stipulating the services are rendered without regard to race, color, religion, sex, disability national origin, or national origin disability, age, or genetic information.
(b) The Department DHS incorporates in its requirements for contractors, vendors, and sub-grantees, as a condition of their approval, and a written assurance that every reasonable effort is made to comply with this section.
(c) The Department DHS obtains from each vendor and subcontractor contractor, vendor, and sub-grantee, a written assurance that it will with Title VI, Title VII, ADA and Section 504 to comply, per OAC 340:1-11-1.Periodically the Department DHS reviews its vendors and subcontractors contractors, vendors, and sub-grantees to determine that the requirements of the Department DHS requirements are being fulfilled and that practices being utilized conform to Title VI, Title VII, ADA and Section 504 are nondiscriminatory.A complete report of the entire review is prepared and made a part of the Department's is included in the DHS files for review by the Regional DHHS-OCR Department of Health and Human Services Office of Civil Rights regional review.
340:1-11-15. Recruitment and employment practices [REVOKED]
Issued 2-1-98
The Department, in compliance with 45 CFR 84 Subpart B, affirms that no qualified disabled person shall, on the basis of disability, be subjected to discrimination in employment under any program or activity of the Department.
PART 2. FOOD STAMP SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM DISCRIMINATION COMPLAINT AND NON-COMPLIANCE SYSTEM
340:1-11-20. Purpose and scope
Revised 6-4-98 9-15-16
(a) The purpose of this Section is to establish a uniform system for processing discrimination complaints from clients who participate in, or apply for the Food Stamp Supplemental Nutrition Assistance Program (SNAP).
(b) This policy is applicable to all Divisions and Offices within the Department Oklahoma Department of Human Services (DHS) employees and to any person who may require DHS assistance or services from DHS.
(1) A copy of DHS#S97104, Complaint Procedures must be the United States Department of Agriculture's "And Justice for All' poster AD-475B, is posted in a conspicuous place in the lobby of each DHS office and facility where applications for SNAP may be received.
(2) Copies of Form OCR-1 14CR001E, Discrimination Complaint Form-Client or Vendor, are available in each DHS office and facility for use by any person upon request.¢ 1
INSTRUCTIONS TO STAFF 340:1-11-20 [REVOKED]
Revised 5-20-98
A copy of this form must also be posted next to DHS#S97104, Complaint Procedures poster.
340:1-11-21. Complaints of discrimination in the Supplemental Nutrition Assistance Program (SNAP)
Revised 6-25-079-15-16
When operation, management, or delivery of services is alleged to be in non‑compliance with laws, regulations, or guidelines mandated by the federal government, the The Office for Civil Rights (OCR) is the delegated authority to accept, investigate, and seek resolution of complaints of discrimination to SNAP applicants or participants of the Food Stamp Program.All written or verbal complaints alleging discrimination are immediately forwarded to OCR within five-business days by the Oklahoma Department of Human Services employee who received the complaint.¢ 1
INSTRUCTIONS TO STAFF 340 1-11-21 [REVOKED]
Revised 6-25-07
1.The Oklahoma Department of Human Service (OKDHS) employee who receives a complaint alleging discrimination forwards the complaint to the Office for Civil Rights (OCR) within five working days.
340:1-11-22. Discrimination and non-compliance in the Supplemental Nutrition Assistance Program (SNAP)
Revised 6-25-079-15-16
(a) Discrimination is prohibited in all aspects of the delivery of Food Stamp Program SNAP benefits.Prohibited actions include, but are not limited to:
(1) denial or unreasonable delay of a household of household's application for any services or benefits based on protected class membership;
(2) distinction in the quality, quantity, or manner in which the benefits are provided;
(3) segregation or separate treatment of persons in any manner related to the receipt of program benefits;
(4) use of criteria or methods of administration that have the effect of defeating or impairing the objectives of the program; and
(5) selection of the site for certification and issuance offices that have the effect of excluding persons.
(b) The Oklahoma Department of Human Services (OKDHS) does not condone rudeness or disrespect of or disrespectful behavior toward program applicants, recipients, or the general public.Any substantiated claim of disrespect of any person is considered as non‑compliance with OKDHS policies and procedures.¢ 1
INSTRUCTIONS TO STAFF 340:1-11-22
Issued 6-25-079-15-16
1.Complaints of rudeness or disrespect disrespectful behavior, not motivated by race, color, sex, age, disability, religion, national origin, or political opinion or affiliation protected class membership, are addressed by the county director or head of the office or institution where the alleged behavior took place.
340:1-11-24. Retaliation
Issued 2-1-98Revised 9-15-16
Any person applicant or recipient who expresses an interest in filing a complaint or files a complaint may do so without fear of reprisal, intimidation, coercion, or threats.No person is adversely affected because they made a charge, testified, assisted, or participated in any manner in an investigation, review, proceeding, or hearing under per this policy Section.
Revised 5-11-019-15-16
All persons involved in the complaint process must respect the confidentiality and the right to privacy of all persons involved.Information concerning any complaint in process is only given only to persons who have a need to know as determined by the Department's OCR Oklahoma Department of Human Services (DHS) Director or the Office for Civil Rights administrator.Violations of confidentiality are subject to discipline under per DHS rules concerning conduct and standards.DHHS and FNS are not bound by this rule regarding release of complaint records.
340:1-11-27. Civil Rights training
Issued 2-1-98Revised 9-15-16
The Department Oklahoma Department of Human Services conducts a continuing civil rights training for employees involved with the Supplemental Nutrition Assistance program for food stamp eligibility Program, including workers, hearing officials, performance reporting system reviewers, and receptionists.¢ 1Training shall cover non-discrimination rights as it relates to topics include:
(1) nondiscrimination requirements relating to eligibility criteria;
(2) certification procedures;
(3) household rights and responsibilities; and
(4) complaint procedures.;
(5) protected classes; and
(6) theories of discrimination.
Instructions To Staff 340:1-11-27 [REVOKED]
Issued 2-1-98
1.Due to the fact that compliance with civil rights requirements is often harder to pinpoint than other phases of program operations, it is important that those persons responsible for implementing and reviewing civil rights compliance receive specific training to assist them in performing their responsibilities.
PART 3. THE AMERICANS WITH DISABILITIES ACT REQUEST AND COMPLAINT SYSTEM
340:1-11-40. Purpose and scope
Issued 5-20-98Revised 9-15-16
(a) The purpose of this Part Section is to establish a uniform system for processing:
(1) establish a uniform system for processing requests for reasonable accommodation requests per the Americans with Disabilities Act Amendments Act (ADAAA)¢ 1 from employees, job applicants, or clients; and
(2) establish a uniform system for processing appeals from employees, job applicants, or clients who participate in or apply for regarding a request for reasonable accommodation.
(b) This policy is applicable to all Divisions and Offices within the Department and to any person who may require assistance, services or employment from DHS.All Oklahoma Department of Human Services (DHS) employees, job DHS applicants for DHS employment, and clients served by the Department DHS have a the right to request a reasonable accommodation when circumstances exist which directly and adversely affect their employment with DHS or their ability to receive DHS services.No employee, job applicant, or client is discriminated against with regard to employment or services for exercising his or her rights under the request procedure.Copies of ADA-1 and ADA-2, Request for Reasonable Accommodation are available in each DHS office and facility for use by any person upon request. a disability causes:
(1) an employee to be unable to perform an essential function of the position;
(2) an applicant for employment to need assistance to apply or interview; or
(3) a client to be unable to access a DHS service or program.
(c) Discrimination, including retaliation, against persons exercising rights under the accommodation request procedure is prohibited.Form 14CR003, The Request for Reasonable Accommodation, is available online and in each office and facility upon request.
(d) Examples of reasonable accommodations are found at: www.askJAN.org.
Instructions to Staff 340:1-11-40
Issued 9-15-16
1.Refer to www.EEOC.gov or to www.DJ.gov for more information on the Americans with Disabilities Act Amendments Act provisions and definitions of terms.
340:1-11-41. Overview of reasonable accommodation Reasonable accommodations for Oklahoma Department of Human Services (DHS) employees - Title I
Issued 5-20-98Revised 9-15-16
(a) The need for accommodation is determined DHS employee requests for reasonable accommodations are resolved at the lowest level possible, on a case-by-case basis, taking into consideration after Form 14CR003E, Request for Reasonable Accommodation, is accepted by the Office for Civil Rights (OCR) and OCR has opened a case.OCR considers Americans with Disabilities Act (ADA) protocol for reasonable accommodation requests, when:
(1) the employee's or job applicant's specific disabling condition and the existing limitations to the performance of a particular job function employee has a disability;
(2) the essential duties of the particular job employee is qualified; and
(3) the work environment; and
(4) whether the proposed an effective and reasonable accommodation would is available and does not create an undue hardship on the Department.
(b) In all cases, the When feasible, an employee or job applicant must be consulted before an makes a request for a reasonable accommodation is made in writing by submitting Form 14CR003E to the local ADA coordinator.¢ 1The employee attaches a definitive, narrative medical statement from a medical professional that confirms the employee is disabled per the Americans with Disabilities Act Amendments Act(ADAAA) and specifies the reasonable accommodation(s) needed in order to perform the essential functions of the position.¢ 2
(c) The concept of reasonable accommodation is considered in recruitment, training, promotion, reassignment, and developmental assignments.For example, in providing equal access to employees with visual impairments, promotion vacancy announcements may, upon request, be prepared in Braille, tape recorded, or they may be read to the employees.In short, the responsibility to provide reasonable accommodation does not end when the person with a disability is placed in a position local ADA coordinator signs Form 14CR003E, retains a copy, and forwards the original and the medical documentation to the deputy director, division or program director, or designee, who signs the form and retains a copy.Original Form 14CR003E and the medical documentation are immediately forwarded to the DHS OCR to open a case and approve the medical statement.Signatures under this subsection of the form serve only to acknowledge the request and do not indicate agreement to provide the accommodation requested or any other accommodation.
(d) An accommodation must be job-related rather than intended for personal use.For example, personal hearing aids or eyeglasses will not be purchased by the Department When the original is fully-signed and was forwarded to OCR, and OCR approves the medical statement and opens a case, the local DHS office initiates the mandated interactive-process by meeting with the requesting employee one or more times in an attempt to clarify the need for accommodation and to determine what, if any, accommodation is provided.The interactive process may take up to 30-calendar days.At the end of the interactive process the employee is notified in writing of the decision, whether an accommodation is to be provided, and a copy of the notice is sent to OCR.When a decision is not made by the 30th day after OCR opens the case, OCR refers the request to the Request Review Committee (RRC) for a decision.¢ 3
(e) The value and nature of a particular accommodation may be clarified by considering six questions, as listed in (1) - (6) of this subsection.
(1) Is the accommodation necessary for performance of duties?
(2) What effect will the accommodation have on the Department's operations and on the employee's performance?
(3) To what extent does the accommodation compensate for the disabled person's limitations?
(4) Will the accommodation give the person opportunity to function, participate or compete on a more equal basis with coworkers?
(5) Will the accommodation benefit other individuals?
(6) Are there alternatives that would accomplish the same purpose?Upon receipt of the fully-signed Form 14CR003E and an approved, definitive, narrative medical statement, OCR opens a file and notifies the requesting employee that the local DHS office approves or denies the request and of his or her right to appeal the decision.OCR monitors the interactive process and serves as a resource to all parties.
(f) Accommodations that would result in an undue hardship to DHS do not have to be provided.Before making such a determination OCR consults with the regional director, division or program director, or designee.
(g) Appeals to the RRC are routed through the DHS OCR administrator.
(h) Employees who request a reasonable accommodation have the right to file a written appeal with the RRC when:
(1) his or her request is denied;
(2) a decision is not made by the 30th day of the interactive process; or
(3) the accommodation provided is not effective.
INSTRUCTIONS TO STAFF 340:1-11-41
Issued 7-1-15Revised 9-15-16
1.The Americans with Disabilities Act coordinator in Oklahoma Department of Human Services (DHS) local county offices is the Adult and Family Services (AFS) county director or the Child Welfare Services (CWS) district director in stand-alone CWS offices.In other offices and facilities the ADA coordinator is the person administratively responsible for that location.The local ADA coordinator is familiar with the "ADAAA request for Reasonable Accommodation Protocols" located at http://infonet/NR/rdonlyres/C7BF01B9-EC9F-4747-8295-E1F6C977ECB1/0/ADAAAProtocolsforReasonableAccommodationRequests ocr_03212013.pdf.
(2)To assist in determining the need for an accommodation the immediate supervisor provides an unrated copy of the employee's current performance evaluation, a list of essential functions, or the position specifications for the employee to share with the medical professional.Medical documentation may not be required when the need for an accommodation is easily observable or is well known.
(3)Refer to Oklahoma Administrative Code 340:1-11-50.
340:1-11-42. Examples of reasonable accommodation [REVOKED]
Issued 6-4-98
Specific examples of reasonable accommodation to known physical and mental limitations of otherwise qualified disabled employees, applicants, and clients that are used in DHS offices and facilities to meet requirements of the Americans with Disabilities Act (ADA) are provided in this Section.
(1) Modifying work sites. In many cases, changes in the work environment enable persons with disabilities to perform job duties more effectively.
(2) Adjusting work schedules.Some individuals with disabilities possess great productive potential that is unused because they cannot meet the requirements of a standard 40-hour work week.By taking advantage of the flexibility of alternative work schedules, accommodations can be made for various disabilities.
(3) Restructuring jobs.Job restructuring is one of the principal methods by which some qualified disabled workers can be accommodated.
(A) Trading job functions.Job restructuring often involves trading of non-essential job functions between an employee with a disability and non-disabled employees.
(B) Performing essential job functions.Employees with disabilities must be able to perform the essential functions of the position, not every function of the position.Job restructuring does not alter the essential functions of the job; it maximizes the abilities of the employee with a disability to perform the essential job functions. It does not stereotype, under employ, or limit job opportunities for the disabled.In job restructuring, the individual with the disability requiring accommodation is consulted first.Supplementary information can be obtained through consultation with a Vocational Rehabilitation Specialist.
(C) Modifying or adjusting a job.A modification or adjustment must not fundamentally alter the essential nature of the employment position sought by an individual with a disability, nor can the adjustment fundamentally alter the essential nature of another identical employment position.
(4) Reassigning employees.Reasonable accommodation does not require the creation of a new position for an employee with a disability.If the employee can no longer perform the essential job functions, reassignment of the employee to another existing position is considered.Reassignment is considered when accommodations are not effective in enabling the employee to perform all essential job functions.Such a reassignment is to a vacant position at the same grade and salary level, and one for which the employee is qualified with or without reasonable accommodation.There is no requirement that the Department establish a new position for an employee with a disability or that the Department promote an employee with a disability as an accommodation.
(5) Demotion or Termination.Once it has been determined that no reasonable accommodation is possible, the Department is not required to maintain employees with disabilities in positions in which they cannot satisfactorily perform.When an employee cannot perform a job because of a disability and is not eligible for or does not wish to apply for disability retirement, then as a last resort the employee is removed from the position for failure to perform.This action is taken only if:
(A) there are no positions available for reassignment or placement.
(B) the employee refuses an offer of reassignment or placement.
(6) Providing special equipment.Through new technologies, special equipment and assistive devices are available to aid disabled individuals.In many cases, employees with disabilities have adapted to their disabling conditions so well that no specialized equipment is necessary for satisfactory job performance.When such equipment is needed, however, the Department is prepared to assist employees in finding and purchasing it.As a general rule, DHS will provide equipment if it is determined that:
(A) use of the equipment is necessary for transaction of official business;
(B) its purchase does not create an undue hardship on the Department; and
(C) the equipment is not a personal item that the employee could reasonably be expected to provide.
(7) Reproducing designated materials.The Department, upon request from employees and clients with impaired sensory, manual or speaking skills, may provide designated DHS materials that are critical to the services they receive or to the performance of their position.These materials are reproduced in alternate forms that make them accessible to employees and clients.
(8) Providing special services.DHS may provide special services for individuals with disabilities.
(9) Assigning parking spaces.Where employee parking is available, qualified employees with disabilities will be assigned spaces convenient to an accessible entrance to the assigned work site.The assignment of parking spaces is based on medical certification of a disabled individual's need for parking accommodations.
340:1-11-43. Office for Civil Rights (OCR) responsibilities
Revised 5-11-019-15-16
OCR, as designated by the Oklahoma Department of Human Services Director, is responsible for coordination, oversight, and implementation of the reasonable accommodation request and complaint system of the ADA appeal process.
(1) Continuously, OCR continuously evaluates each division program, office, and facility to ensure compliance with all current rules, practices, and ADAAA Americans With Disabilities Act Amendments Act procedures of the ADA.
(2) OCR is informed receives notification of each all accommodation request reported to the division coordinator requests and dispositions.In addition, After opening a case, OCR is advised of the proposed solution and monitors each request to ensure the date the solution is to be carried out.OCR is a resource to assist the requests are processed in a timely manner and contacts the responsible associate regional director, division administrator or program director, area director or designee when an accommodation request is not resolved by the end of the 30-calendar day, interactive process.
(3) The division responds to a request for reasonable accommodations within 30 working days of receipt of the request.If the request is not addressed within the established time frame, or if the employee is not in agreement with the decision, the employee may directly contact OCR to request the accommodation.OCR contacts the associate director, division administrator, area director, or local coordinator to determine why the request has not been addressed and coordinates a timely resolution within a designated time frame.
(4) OCR maintains records a record of all requests for reasonable accommodation requests filed, as well as summary information on the number, nature, and outcome numbers, natures, and outcomes of requests filed separate separately and apart from individual employee personnel files and client case records.
(5)(4) Statistical information concerning request activity is released or reported to interested persons.The Oklahoma Open Records Act governs access to individual request records and only those persons with a right of access as provided in the Oklahoma Open Records Act and this rule may review an individual request file.Department request records are retained in accordance with DHS maintains open record requests per federal and state and federal laws governing record retention and destruction of records.
(6) OCR refers requests that exceed the time limit, unresolved requests, and requests which exceed $600 to the Request Review Committee (RRC).
(7) OCR reviews appeals of the RRC decisions and makes recommendations for resolution to the Director.
(8) OCR provides the Director with complete records on requests being appealed.
(9) OCR receives all complaints from any level.
340:1-11-44. Request for accommodation by a client
Issued 6-4-98Revised 9-15-16
(a) All Department Oklahoma Department of Human Services (DHS) employees are responsible for assisting DHS clients any client who may be in need of reasonable accommodation by referring the client to the local Americans with Disabilities (ADA) coordinator.
(b) If a person applying for or receiving DHS services reports a deficiency, he or she is referred to the The local ADA coordinator, who will complete ADA-2, may assist a client in completing Form 14CR003E, Request for Reasonable Accommodation, and then forwards the original form to OCR.The OCR coordinator confers at determines if the local level to determine request can be resolved locally, and if not an accommodation can be accomplished.When the accommodation cannot be accomplished at the local level, the request is transmitted through division lines to the division administrator forwarded to the regional director, division or program director, or designee for resolution.The division administrator resolves the request within the guidelines of OAC 340:1-11-49.
340:1-11-45. Request for accommodation by an employee or a job applicant
Issued 6-4-98Revised 9-15-16
(a) An employee or A job applicant who wishes to file a request may do so verbally or on may request a reasonable accommodation for assistance in applying or interviewing for a position by submitting Form ADA-1, Request for Reasonable Accommodation 14CR003E, Request for Reasonable Accommodation, either to Oklahoma Department of Human Services (DHS) Human Resources Management (HRM), to the office that posted the opening, or by making a verbal request to either office.When requested, the applicant is responsible for providing medical documentation to confirm the need for the accommodation.
(b) The employee or job applicant must file this completed ADA-1 with HRM forwards the immediate supervisor or, if a verbal request is made, provide the requested information so the immediate supervisor can complete the ADA-1 request and the medical documentation to the hiring division, program, or facility staff who copies the documents and forwards the original form and medical documentation to the Office for Civil Rights (OCR) for medical documentation approval and to open a case.
(c) The employee or job applicant hiring division, program, or facility is responsible for providing all required information, such as doctors statements, to ensure a prompt decision determining if any and what accommodation is provided after OCR approves the medical statement and opens a case.
(d) Employee requests for reasonable accommodation are promptly addressed at the lowest possible level of supervision, as well as in the most cost-efficient and least disruptive manner possible.The immediate supervisor assists job applicant is notified in writing, of the gathering of additional information, if needed, decision and confers with a copy of the local coordinator and local administrator in resolving the request at the local level notice is sent to OCR.
(e) In the event the employee or job applicant does not agree with the resolution proposed at any level of the request process, the request progresses to the next step in accordance with procedures described in OAC 340:1-11-51.
340:1-11-46. Role of the immediate supervisor [REVOKED]
Issued 6-4-98
Employee requests for reasonable accommodation are promptly addressed at the lowest possible level of supervision, as well as in the most cost-efficient and least disruptive manner possible.If a verbal request is made, the immediate supervisor will complete Form ADA-1.Upon receipt of a request, verbal or written, the immediate supervisor reviews it and refers it to the local coordinator for resolution.The immediate supervisor assists in the gathering of additional information, if needed, and confers with the local coordinator and local administrator in resolving the request at the local level.
340:1-11-47. Local coordinator and supervisor responsibilities [REVOKED]
Revised 5-11-01
In county offices, the county director may assign a county coordinator to evaluate the county's programs, activities, and architectural and material access to ensure persons with disabilities are fully served by the county office.In DHS institutions and facilities, the local administrator assigns a local coordinator to:
(1) assist employees and clients in the preparation and processing of requests;
(2) receive verbal and written requests for reasonable accommodations;
(3) complete Form ADA-1, Request for Reasonable Accommodation, Employee or Applicant for Employment, or Form ADA-2, Request for Reasonable Accommodation, Client or Applicant for Services, as appropriate;
(4) assist in gathering additional information, if needed; and
(5) confer in resolving requests at the local level, if less than $600.
340:1-11-48. Division coordinator or county director responsibilities [REVOKED]
Issued 6-4-98
(a) The division coordinator is:
(1) appointed by the Division Administrator, Associate Director, or Area Director;
(2) trained to evaluate programs, activities, and employment practices to assure that persons with disabilities have full and equal access;
(3) responsible for reporting in writing any issues, concerns, or deficiencies to the division administrator who is responsible for taking corrective action; and
(4) responsible for assisting employees or clients in complying with the requirements of DHS policy in the filing of a request, in the resolution of the request at the local level, and performing other request-management duties in coordination with OCR;
(b) Designated division coordinators are responsible for:
(1) receiving all requests filed by employees and clients of the agency;
(2) determining if requests filed are subject to the provisions of this Subchapter;
(3) referring requests to the Request Review Committee;
(4) providing technical assistance and information to employees and clients with the filing and processing of requests as needed;
(5) identifying essential job functions for all announced positions;
(6) ensuring thatemployees and clients have ready access to request forms;
(7) helping employees, clients, supervisors, and other agency officials to resolve requests at the lowest possible step in the procedure; and
(8) maintaining division request records.
(c) In divisions with more than one coordinator, the lead coordinator will be designated by the division administrator.
340:1-11-49. Division administrator, associate director, or area director responsibilities [REVOKED]
Revised 5-11-01
(a) The division administrator, associate director, or area director is responsible for:
(1) appointing the division coordinator;
(2) evaluating the division on an ongoing basis for compliance with ADA;
(3) notifying OCR of all reasonable accommodation requests;
(4) taking corrective action on deficiencies identified by the division coordinator or OCR;
(5) ensuring copies of OAC 340:1-11-40 through 340:1-11-55 are distributed and explained to all employees under their supervision; and
(6) approving the selection of a local coordinator as applicable.
(b) Within ten working days, or longer by mutual agreement, after receiving a written request for a reasonable accommodation, the associate director, division administrator, or area director may:
(1) grant the request if the cost of the accommodation is under $600;
(2) refer the request to the Request Review Committee (RRC) if the cost exceeds $600; or
(3) refer unresolved requests to the RRC.
340:1-11-50. Review by the Request Review Committee (RRC)
Revised 5-11-019-15-16
(1) requests that exceeded exceed the 30-calendar day time frame, after the case is opened by the Office for Civil Rights (OCR) and referred by OCR or the deputy director, division administrator or program director, or designee division administrator; and
(2) unresolved requests; and appeals of decisions of the local Americans With Disabilities Act coordinator, deputy director, division or program director, or designee
(3) requests which exceed $600.
(b) The RRC prepares a written response to the accommodation request as promptly as possible, taking into consideration the needs of the employee. In all cases the review is completed within ten working 10-business days following the regularly scheduled monthly meeting held to review the request.
(c) The RRC consists of representatives from each of the following:
(1) Office of Support Services,;
(2) Office of Field Operations, Adult and Family Services;
(3) Human Resources Management (HRM),;
(4) Child Welfare Services;
(5) Support Services Architecture, and Engineering and Planning,; and
(6) Developmental Disabilities Services Division.
(d) In addition, three persons Oklahoma Department of Human Services employees with disabilities who are employees of the Agency serve on the RRC as members. Ex-officio representatives are called upon from the Legal Division Services and Human Resources Management Risk and Safety Management. The RRC elects a chair and vice chair annually. The OCR administrator or designee is a non-voting RRC member of the RRC, with administrative responsibilities.
(d)(e) Written requests for accommodation review or appeal, along with the appropriate documentation, are sent to: Request Review Committee, Office for Civil Rights, P.O. PO Box 25352, Oklahoma City, Oklahoma 73125.
(e)(f) The RRC meets monthly or as necessary to review requests for accommodations or appeal requests.The OCR administrator convenes the RRC when a request or appeal is received.
340:1-11-51. Appeal of request for reasonable accommodation [REVOKED]
Issued 6-4-98
(a) The Director of Human Services or designee is the final authority for acting on appeals of requests for reasonable accommodation.Any disputes concerning requests for reasonable accommodation are subject to the final review and decision of the Director.The Director may intervene in requests at any time in order to bring about a prompt and impartial decision to the request.
(b) In the event the employee is not satisfied with the Request Review Committee proposed resolution for accommodation, the employee may appeal to the Director by notifying the division administrator and OCR in writing of the appeal.OCR provides the Director with a complete record of the prior proceedings concerning the request and the attempts to accommodate the employee.The Director has ten working days to prepare a written response to the request.
(c) The right of a person to a prompt and equitable resolution of the request is not impaired by the person's pursuit of other remedies, such as the filing of an ADA complaint with the appropriate federal or state agencies.Use of this procedure is not a prerequisite to the pursuit of other remedies.
(d) To assure that the Department of Human Services complies with the ADA and implementing regulations, this Section shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards.
340:1-11-52. Medical documentation [REVOKED]
Issued 6-4-98
(a) Medical documentation may be necessary in order for the Department to:
(1) determine if the employee is disabled under the meaning of the ADA.
(2) determine whether an accommodation is needed.
(3) assess what kind of accommodation is needed.
(b) Documentation may be unnecessary when both the disability and the accommodation requirement are obvious.
(c) The immediate supervisor advises the employee requesting an accommodation of the need for medical documentation, but this is not done without prior consultation with the division or local coordinator.
(d) If, during any step in the procedure, the medical documentation presented in support of a request for reasonable accommodation is not adequate, the Department advises the employee and requests submission of additional documentation.When appropriate, a memorandum addressed to the physician explaining what information is needed and why it is needed can be provided to the employee.
340:1-11-53. Illegal use of drugs drug use
Issued 6-4-98Revised 9-15-16
(a) The terms "disability" and "qualified individual with a disability" do not include any employee, applicant, or client who is currently engaged in the Current illegal use of drugs drug use does not qualify as a disability.
(b) The terms "disability" and "qualified individual with a disability" may not exclude an individual who Former, illegal drug users qualify as disabled, if when they:
(1) has have successfully completed a supervised, drug rehabilitation program; and is no longer engaging in the illegal use of drugs, or has
(2) have otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs.;
(2)(3) is are participating in a supervised, drug rehabilitation program; and
(3) is erroneously regarded as engaging in such use, but is not engaging in such use.
(4) is are no longer engaging in such use illegally using drugs.
340:1-11-54. Undue hardship and reasonable accommodation
Issued 6-4-98Revised 9-15-16
In general, The Oklahoma Department of Human Services (DHS) is not required to provide a reasonable accommodation when doing so would place an undue hardship means, with respect to on the provision of an accommodation in employment or programs, an action resulting in significant difficulty or expense, when considered in light of the factors described DHS in this Section terms of effort or expense.
(1) Employment.In determining whether an For an employment-related accommodation imposes an undue hardship on the Department, following factors to be are considered with regard to employment and include the:
(A) the nature and cost of the accommodation needed under this Act;
(B) the overall financial resources of the facility or facilities involved in providing the provision of the reasonable accommodation;
(C) the number of persons employed at such the facility;
(D) the effect on expenses and resources, or the impact otherwise of such the accommodation upon the facility's operation of the facility;
(E) the overall DHS financial resources of DHS;
(F) the overall size of the business of DHS with respect to the number of its employees;
(G) the number, type, and location of DHS facilities;
(H) the type of DHS operation or operations of DHS, including the composition, structure, and functions of the DHS work force of DHS; and
(I) the geographic separateness,; and
(J) administrative, or fiscal relationship of the facility or facilities in question to DHS.
(2) Programs.In determining whether financial and administrative burdens are undue in the area of programs, (A) - (E) of this paragraph must be considered. For a program-related accommodation, the following factors are considered:
(A) All the DHS resources available for use in the funding and operation of the service, program, or activity are considered.;
(B) The burden of proving that compliance with when the Act accommodation would fundamentally alter the nature of a the service, program, or activity or would result in undue financial and administrative burdens rests with DHS.;
(C) In choosing among methods to meet compliance, DHS gives priority consideration to methods that are if the accommodation is consistent with providing services in the most integrated setting appropriate to the needs of individuals with disabilities.; and
(D) Structural changes in existing facilities are required only when there are no other feasible ways to make the Department's programs accessible.
(E) DHS may comply with the program accessibility requirement by delivering services at alternate if an alternative and accessible sites or by making home visits as appropriate site is available for the provision of services.
340:1-11-55. Retaliation or coercion [REVOKED]
Issued 6-4-98
Individuals who exercise their rights under the ADA, or who assist others in exercising their rights, are protected from retaliation or coercion.Prohibited activities include harassment, threats, intimidation, or interference in the exercise of rights under the law.
