-  Civil Rights for Individuals and Advocates      -  Race, Color, National Origin 
  -  Disability        -  Section 504 
  -  Age Discrimination 
  -  Sex Discrimination & Harassment 
  -  Title IX 
  -  Section 1557        -  Civil Rights FAQs 
    -  Fact Sheets 
  -  Hill-Burton 
  -  Section 1553 
  -  Special Topics        -  Reproductive Health Care 
    -  Civil Rights and Opioids 
    -  Child Welfare 
    -  Community Living and Olmstead 
    -  Effective Communication in Hospitals 
    -  Emergency Preparedness and Response 
    -  Health Disparities 
    -  HIV/AIDS 
    -  Limited English Proficiency (LEP) 
    -  National Origin Discrimination 
    -  Shared Ancestry or Ethnic Characteristics Discrimination 
    -  Environmental Justice 
    -  Sex-Based Harassment 
    -  Temporary Assistance for Needy Families (TANF) 
  -  HHS Nondiscrimination Notice 

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# Civil Rights FAQs

##         605-Who is considered a person with a disability under Section 504 and the ADA      

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##         606-What are a TANF agency's obligations with regard to not discriminating on the basis of disability      

Under Section 504 and the ADA, TANF agencies must: (1) ensure equal access to people with disabilities; (2) reasonably modify policies, practices, and procedures for people with disabilities where necessary; and (3) ensure that methods of administration do not discriminate on the basis of disability.

##         607-How can a TANF agency ensure equal access to people with disabilities      

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##         608-How can a TANF agency reasonably modify its policies, practices, and procedures for people with disabilities      

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##         609-Is a TANF agency legally obligated to provide a program modification       

Yes. Section 504 and the ADA require nondiscriminatory treatment of people with disabilities by TANF agencies. By focusing on what applicants and beneficiaries with disabilities need in order to move from government dependency to self-sufficiency, TANF agencies can ensure compliance with civil rights laws. If a TANF client with a disability needs a program modification or accommodation and providing the modification means that the State will not be able to count the person in its Federal work participation rate, the State is still obligated to provide the program modification.

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##         610-How can a TANF agency ensure that its methods of administration do not discriminate      

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##         611-What other information is available to help TANF agencies meet their civil rights obligations      

For further information on TANF agency civil rights compliance and meeting the needs of TANF applicants and beneficiaries with disabilities or limited English proficiency, please contact the Office for Civil Rights or your regional TANF program manager in the HHS Administration for Children and Families, Office of Family Assistance.

##         201-How do I file a civil rights complaint      

If you believe you have been discriminated against because of race, color, national origin, age, disability, religion, or sex (including pregnancy, sexual orientation, and gender identity) by a state and local social and health services agency, hospital, clinic, nursing home, or other HHS entity, you may file a complaint with OCR. Disability discrimination complaints may also be filed with OCR.

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##         202-What information must be provided to file a civil rights complaint      

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##         203-What is the time limit for filing a civil rights complaint      

Complaints must be filed within 180 days from the date of the alleged discrimination. (The Office for Civil Rights may extend this period if there is good cause.)

##         204-Where do I file a civil rights complaint      

You can file your complaint against an HHS entity via the OCR Complaint Portal, at OCRComplaint@hhs.gov, or you can mail or fax your complaint. See Filing a Complaint for more information.

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##         205-Who can file a civil rights complaint      

##         604-What are a TANF agency's obligations with regard to serving LEP applicants and beneficiaries       

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##         302-Does OCR investigate complaints against programs that provide free or reduced cost health care      

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##         303-How does OCR investigate a civil rights complaint      

Once a complaint is received, OCR must determine if it has the legal authority to review and investigate the complaint. OCR’s primary authority is over certain health and human services entities only. Information is then gather in an investigation, and we will issue a closure letter, which presents OCR's decision on whether there has been a violation of a federal statute or regulation. If there is a violation finding, the recipient must take corrective action.

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##         304-Does OCR represent me in my civil rights complaint      

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##         305-Can I pursue a private court action if I have filed a civil rights complaint      

In most cases, yes. Under most of the statutes enforced by the HHS Office for Civil Rights (OCR), a complainant who has been discriminated against may initiate private court action instead of, or in addition to, filing a complaint with OCR. To do so, you should consult an attorney as soon as possible.

##         306-How does OCR respond to my concern for privacy and confidentiality      

Privacy Act notice and confidentiality rules are in place. In Office for Civil Rights (OCR) investigations, the name of the complainant usually is kept confidential unless its disclosure is necessary to the case. If OCR determines that release of your identity is required for the processing of the case, you will be asked to sign a release. If you choose not to provide a release, the investigation may be impeded or stopped.

##         307-What geographic area does OCR cover      

View the list of offices that address alleged discrimination by an HHS-funded health or human services entity.

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##         504-Why can't OCR help me if my constitutional and human rights have been violated      

OCR enforces laws prohibiting discrimination on the basis of disability, age, race, color, national origin, religion, and sex (including pregnancy, sexual orientation, and gender identity) in the provision of health and social services only. OCR can investigate only matters that are covered by the laws it enforces.

##         501-What happens if OCR can't help me      

The HHS Office for Civil Rights will try to identify the appropriate federal agency and refer your case unless you advise us not to.

##         502-What other Federal agencies exist to protect my civil rights      

Please see Civil Rights Enforcement through Other Agencies. 

##         503-If OCR can't represent me, can the ACLU help      

The American Civil Liberties Union (ACLU) is not a government agency, and it decides what issues to become involved in on a case-by-case basis. “Civil liberties” encompasses many more rights than those enforced by the HHS Office for Civil Rights. It also concerns freedom of speech, association, and religion. For further information, call the local ACLU office in your area.

##         505-I was fired from my job because of my age. Why can't OCR accept my complaint      

Most employment discrimination complaints, especially those against private employers, should be addressed to the local Equal Employment Opportunity Commission (EEOC) that services your state.

##         506-I have a complaint against a major university and was told by OCR to file with the U.S. Department of Education      

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##         707-What is a vital document?      

"Vital documents" are generally documents that affect access to, retention in, or termination or exclusion from a recipient’s program services or benefits.

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##         702-What does the policy guidance do      

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##         703-Does the guidance impose new requirements on recipients      

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##         704-Who is covered by the guidance      

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##         705-How does the guidance affect small practitioners who are recipients of federal assistance      

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##         706-Can a covered entity comply with Title VI if its program does not falls outside circumstances outlined in the guidance      

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##         709-May an LEP person use a family member or friend as his or her interpreter      

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##         710-May a covered entity require an LEP person to use a family member or a friend as his or her interpreter?      

No.

##         711-How do literacy issues, vision or hearing impairment among LEP populations affect recipient's responsiblities      

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##         712-What assistance is available to help to recipients who wish to come into compliance with Title VI      

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##         713-How will OCR enforce compliance by recipient/covered entities with the LEP requirements of Title VI      

The requirement to take reasonable steps to provide meaningful access to LEP persons is enforced by OCR through the procedures identified in the Title VI implementing regulations. These procedures include complaint investigations, compliance reviews, efforts to secure voluntary compliance, and technical assistance.

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##         714-Does issuing this guidance mean that OCR will be changing how it enforces compliance with Title VI      

No. OCR enforces Title VI in accordance with the Title VI implementing regulations. The methods and procedures used to investigate and resolve complaints, and conduct compliance reviews, have not changed.

##         715-What is HHS doing to promote access for LEP persons to its own programs and services      

HHS agencies provide a variety of services for LEP persons. These services include oral language assistance services such as language lines and interpreters; translation of written materials; and foreign language web sites. HHS continues to explore how it can share language assistance measures, resources, cost-containment approaches, and other information and knowledge, developed with respect to its own federally conducted programs and activities, and welcomes any suggestions.

##         701-What is the purpose of the guidance on language access released by HHS      

HHS’s LEP policy guidance implements a provision of Executive Order 13166, *Improving Access to Services for Persons With Limited English Proficiency*, that directs Federal agencies to work to ensure that recipients of their funds provide meaningful access to LEP customers.

##         101-What are civil rights      

Civil rights are personal rights guaranteed and protected by the U.S. Constitution and federal laws enacted by Congress, such as the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. Civil rights include protection from unlawful discrimination.

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##         102-What can I do If my civil rights have been violated      

If you feel a health care provider, human services agency, or program or activity conducted by HHS has discriminated against you (or someone else) unlawfully, you may file a civil rights compliant with OCR.

##         401-What does Title VI require of recipients Federal financial assistance      

Title VI of the Civil Rights Act of 1964 is a federal law that protects persons from unlawful discrimination based on race, color, or national origin in programs and activities that receive federal financial assistance. Recipients of federal financial assistance are covered by Title VI and its implementing regulations. This means that such recipients may not treat people differently on the basis of race, color, or national origin or use criteria or methods of administration that have the effect of discriminating against persons on the basis of their race, color, or national origin.

##         402-What is Federal financial assistance for purposes of civil rights complaints       

"Federal financial assistance” is assistance in the form of any grant, loan, or contract (other than a contract of insurance or guaranty). See the full answer for details.

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##         403-Are Medicaid the Children’s Health Insurance Program (CHIP, and Medicare considered Federal financial assistance      

Medicaid and CHIP are considered federal financial assistance. Medicare Part A is also considered federal financial assistance.  However, the receipt of Medicare Part B is not considered federal financial assistance. Medicare Part C and Part D are considered federal financial assistance.

##         404-What are examples of recipients of Federal financial assistance      

Recipients of federal financial assistance include:
                        - Health care providers participating in CHIP and Medicaid
                        - Hospitals and nursing homes (recipients under Medicare Part A)
                        - Medicare Advantage Plans (e.g., HMOs and PPOs) (recipients under Medicare Part C)
                        - Prescription Drug Plan sponsors and Medicare Advantage Drug Plans (recipients under Medicare Part D)

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##         405-Must Medicaid CHIP and Medicare Part A providersoffering Medicare Part C and Part D plans provide interpreters      

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##         406-How can states get Federal funds to help pay for language services      

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##         601-What are the civil rights laws governing TANF agencies      

TANF agencies must comply with:
                        - Title VI of the Civil Rights Act of 1964
                        - Section 504 of the Rehabilitation Act of 1973
                        - The Age Discrimination Act of 1975
                        - Title IX of the Education Amendments of 1972

Additionally, TANF agencies are typically part of state or local governments and must comply with Title II of the Americans with Disabilities Act of 1990.

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##         602-Did the DRA change the obligations of TANF agencies with respect to these civil rights laws      

No. TANF agencies have the same legal obligations to comply with Title VI, Section 504, the ADA, the Age Discrimination Act, and Title IX that they had prior to the DRA and its changes to TANF.

##         603-What are a TANF agency's obligations with not discriminating on the basis of race, color, or national origin      

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