REVIEWING COMPLIANCE WITH ADA, EEO, LEP, AND DEAF AND

HARD OF HEARING SETTLEMENT REQUIREMENTS

September 22, 201110:00 am to 11:00 am EST

Call In Number 1-866-740-1260 / Pass code 2262493 (please use same pass code when accessing the web at readytalk.com)

Florida Coalition Against Domestic Violence

Webinar Objectives

To provide an overview of requirements for certified domestic violence centers in preparation for DCF monitoring visits that will be begin on October 1st, 2011.

Disclaimer

The information presented in this webinar or on these slides is NOT intended as legal advice. If you should have specific questions about your Center’s policies or practices, or specific areas of the laws being discussed in this presentation, please seek legal guidance or counsel.

Relevant Authorities

Americans with Disabilities Act Title VI, Civil Act of 1964 Title IX, Education Amendments of 1972 Section 504 and 508 of the Rehabilitation Act of 1973, as

amended Age Discrimination Act of 1975, as amended Titles VII and VIII of the Public Health Services Act Omnibus Budget Reconciliation Act of 1981

Cumulatively, they prohibit discrimination in employment or service provision based on…

Race Color Religion Age National Origin Disability status Sex (gender) Pregnancy Military status Genetic information

Cumulatively, they prohibit discrimination in employment or service provision based on…

New categories that have been added by some municipalities, counties, states or other entities:

Sexual orientation Gender identity

Key areas related to service provision

As a recipient of Federal financial assistance, centers are required to adhere to these laws.

Centers should have policy and practices that prohibit or prevent discrimination in determining eligibility, provision, or termination of services based on factors listed on the previous two slides.

Key areas related to service provision, continued…

Centers should identify and focus policy and practices on addressing these issues in “essential services.”

Centers should also clearly display information about who to contact, and how, if a participant or employee believe they have been discriminated against.

Centers should clearly display the three required posters.

General Considerations

We will look at some specific provisions of accessibility based on the ADA, the Deaf and Hard of Hearing Settlement Agreement, and the LEP requirement. But, first there are some general considerations: Age – pertains to 40 years old and older. Sex (gender) – does not have to be in the same facility, screening should be based on issues other than gender.National Origin – Limited English proficiency is an issue related to this – will be addressed specifically. Race – should be addressed in policy. Color – should be addressed in policy.Religion – should be addressed in policy.

Essential Service Designation and Mandatory Core Services

Intake services (accessing services) Safety Planning Information and Referral Services Counseling Services Service Management Emergency Shelter for 24 hours or more Hotline Services Child Assessments Community Education Professional Training Termination of services

Essential Documents

Brochures Shelter rules Education documents used frequently Support group materials Other?

Policies

Can a single policy address both employment and service provision?

It depends on your scheme of policies – the policy needs to be clear and easily accessible.

If you have separate employment policies from service policies, it should be stated in both places.

Specific Provisions

Americans with Disabilities Act

ADA Definition of Disability

Physical or mental impairment that “substantially” limits one or more major life activities. In 2008, Congress amended the ADA to make it easier to

meet this test – so “substantially” no longer means “severe” or even “significant.”

Major life activities include: seeing, hearing, walking, breathing, manual tasks, working, etc. In 2008 amendments, “major life activities” also includes

“major bodily functions,” (such as the immune system, digestive system, etc.) making it easier to prove that one has a disability.

Title II: ADAState & Local Governments

Requires government facilities to be accessible to persons with disabilities or who are Deaf.

All newly constructed government buildings and alterations to existing buildings, must ensure accessibility to individuals with disabilities or who are Deaf.

Both the courts and law enforcement are prohibited from discrimination on the basis of disability under Title II of the ADA.

Title III:Public Accommodations

Public accommodations are privately run businesses that are open to the public, other than private clubs and religious organizations.

Social service centers are considered public accommodations (day care centers, shelters, welfare offices).

Public Accommodations

Are prohibited from discriminating against persons with disabilities or persons who are Deaf.

Must make reasonable modifications or provide auxiliary aids and services to enable persons with disabilities or persons who are Deaf to use and benefit from the services provided by the public accommodation.

Other reasonable modifications are wheelchair ramps, blinking alarms, speech in elevators, and information in Braille.

Public Accommodations and Effective Communication

Under 2010 DOJ regulations: cannot require a person who is Deaf to bring their own interpreter or require a person’s friend/relative to interpret (unless emergency situation).

The ADA requires telephone relay services to promote effective communication between Deaf and hearing persons

Other effective communication tools for people who are Deaf and hard of hearing include: TTY, sign language interpretation, and assistive devices.

Public Accommodation and Effective Communication

Programs and services may need to be modified in order to accommodate survivors with disabilities or survivors who are Deaf. Accommodations must include:

Offering ASL interpreters Creating materials in alternative formats Modified evacuation plans; signage and alarm systems Allowing guide and service animals

Public Accommodations & Building Modifications

Not required to make modifications that are an “undue burden” or that “fundamentally alter” the nature of the services provided by the public accommodation.

Required to remove physical barriers whenever such removals are “readily achievable” (can be carried out without much difficulty or expense).

Domestic Violence Programs As Places of Public Accommodation

Domestic violence residential and non-residential programs are considered to be places of public accommodation.

ADA does not cover private residences. However, if a domestic violence organization or shelter is located in a home (former private house, apartment) that location is covered by the ADA.

Domestic Violence Programs As Places of Public Accommodation

Since domestic violence centers are considered public accommodations under the ADA, each center should have a policy regarding the following issues……

Domestic Violence Programs As Places of Public Accommodation

Accessible shelters, satellite offices, community-based programming (i.e. support groups)

Service animals access/caregiver access Accessible hotline and website/outreach materials Sensitive and non-discriminatory intake procedures Medication policies Resident meals; medically prescribed diets Shelter policies/procedures/operations

DV Program Responsibilities under the DCF/HHS Settlement Agreement

Certified domestic violence centers must adhere to the Settlement Agreement requirements.

Accordingly, programs must: Designate a “point person” or a “single point of contact”

who is responsible for coordinating compliance with DCF.

DV Program “Single Point of Contact” Monitoring Responsibilities

The “single point of contact” must: Track and report on all requests for services from Deaf

participants.

Complete the self-assessment form developed by DCF (weighing in on the shelter’s compliance efforts).

Collect feedback forms and complaint forms from Deaf participants.

DV Program Settlement Requirements: Use of Interpreters

Interpreter Requests: Non-scheduled:

If it is an emergency, must occur within 2 hours. If it is a non-emergency, must occur by the next

business day. Scheduled: must occur at the scheduled time.

Friends or family members should never be required to interpret, except in life-threatening situations.

When Must Interpreters Be Provided by the DV Program?

If the nature of the communication is deemed “non-essential” interpreter need not necessarily be provided on a case-by-case basis, if effective communication can be

achieved, program staff could instead opt to communicate through hand-written notes, etc.

If the communication is “essential” interpreter must be provided in a timely manner unless

declined by participant; if declined, the participant must sign a waiver form.

Specific Provisions

Limited English Proficiency

Limited English Proficiency

Executive Order 13166 “Improving services to Persons with Limited English Proficiency” was created to enhance access to services funded by Federal Assistance .

Requires “meaningful access” to essential services: interpretation and translation.

Must have a policy that addresses the following:- Identifies essential services

Limited English Proficiency

- Identifies vital documents and ensure that they are translated into regularly encountered language (defined by population – often seen as 5%)

- Includes documents on your web site - Requires oral interpretation is available

LEP Resources:http://www.lep.gov/

Mandated Signs to Post in DV Centers

Each center must have the three DCF approved signs: 1) Regarding people who are Deaf or Hard of Hearing 2) Regarding people with limited English proficiency 3) regarding non-discrimination

These posters can be found and printed out on the following website:

http://www.dcf.state.fl.us/admin/servicedelivery/posters.shtml

Equal Employment Opportunity

All centers are required to follow EEO policies that prohibit discrimination against persons based on specific ptotected classes (covered on previous slides) in: - recruitment- hiring- compensation-training-promotion- evaluation- corrective actions/disciplinary actions- terminations

Equal Employment Opportunity

Required to prohibit Harassment based on any protected classes.

Required to have a specific Sexual Harassment policy.

Required to notify the office of Civil Rights if you are subject to a finding of discrimination by a state court or a federal or state administrative agency.

Equal Employment Opportunity

Policies must be in place that prohibit discrimination.

You must provide clear information to all employees about who and how to file a complaint.

Policies must be in place that prohibit retaliation for making a complaint or otherwise trying to seek remedy for a complaint of discrimination.

Equal Employment Opportunity Plan

Three exemptions to the requirement for an EEOP- Contract for less than $25,000- Fewer than 50 employees- Private nonprofit organizations

Exempt organizations must have on file a Certificate of Exemption.

All levels of government are required to have an EEOP.

We are here to support all of Florida’s centers

Maggie Cveticanin-DoucetteDomestic Violence, Disability Compliance and Later in Life

Specialist. Email: Doucette_Maggie@fcadv.org

Sandy Barnett, V.P. of Administration/COObarnett_sandy@fcadv.org

Phone: (850) 425-2749