Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 395 - CIVIL RIGHTS › Subchapter A - GENERAL PROVISIONS › Section 395.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings unless the context clearly indicates
					 otherwise.
(1) Applicant--A person who
				  applies in writing, electronically, orally, or through a designated
				  representative to participate in a program funded, in whole or in part, by an
				  HHS agency.
(2) Complainant--A
				  person who alleges discrimination in access to or the delivery of program
				  services or benefits funded, in whole or in part, by an HHS agency on the basis
				  of race, color, national origin, age, sex, disability, religion, or political
				  belief. (Not all bases apply to all programs.) Political belief is considered a
				  protected class only in the Supplemental Nutrition Assistance Program (SNAP).
				  Other groups may be added as protected classes pursuant to applicable federal
				  or state statutes or rules.
(3)
				  Complaint--An oral or written allegation of discrimination or retaliation made
				  by a complainant.
(4)
				  Contractor--An entity that contracts or agrees through other arrangements with
				  a state agency to provide services or benefits on behalf of an HHS agency. This
				  includes any subcontractor that provides services or benefits on behalf of an
				  HHS agency.
(5)
				  Discrimination--Treatment of an individual that is based on his or her
				  membership in a legally protected class and that has an adverse effect on the
				  individual.
(6) Electronic and
				  information resources (EIR)--Information technology and any equipment or
				  interconnected system or subsystem of equipment that is used in the creation,
				  conversion, or duplication of data or information. EIR includes
				  telecommunication products, information kiosks, transaction machines, websites,
				  multimedia, and office equipment.
(7) HHS agency--The Texas Health and Human
				  Services Commission and the Texas health and human services agencies identified
				  in Government Code §
										RSA
				  531.001(4).
(8) HHSC--The Texas Health and Human Services
				  Commission.
(9) HHSC Civil Rights
				  Office (CRO)--The functional area within HHSC responsible for ensuring that the
				  HHS agencies comply with applicable state and federal civil rights laws and
				  regulations as well as HHSC's civil rights policies and procedures.
(10) Limited English proficiency (LEP)--A
				  term describing individuals who do not speak English as their primary language
				  and who have limited ability to read, speak, write, or understand
				  English.
(11) Participant--An
				  individual who receives assistance, services, or benefits under any HHS agency
				  program or service.
(12) Protected
				  class--A group or class of persons having a characteristic, quality, belief, or
				  status defined by federal and state civil rights laws and regulations as
				  protected from discrimination. Protected classes or groups, which differ
				  between programs, include race, color, national origin, sex, age, religion, or
				  disability, and may include political belief. Political belief is considered a
				  protected class only in SNAP. Veteran status is a protected class only as to
				  employment-related complaints pursuant to state and federal law. Other groups
				  may be added as protected classes pursuant to applicable federal or state
				  statute or rules.
(13)
				  Retaliation--Adverse treatment of an individual because he or she filed a
				  complaint, participated in the complaint process, or otherwise opposed
				  discriminatory practices.