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Arizona Administrative Code (Last Updated: November 17, 2016) |
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Title 6. ECONOMIC SECURITY |
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Chapter 1. DEPARTMENT OF ECONOMIC SECURITY |
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Article 5. CIVIL RIGHTS |
Section R6-1-501. Civil Rights
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A. Statement of compliance: Pursuant to the provisions of the Civil Rights Act of 1964, no person in the state of Arizona will be excluded from participation in, denied the benefits of, or subjected to discrimination under assistance payments pro- grams on the basis of race, color, religion, sex, or national ori- gin. The Department shall administer such programs in accordance with the laws, regulations, policies, and practices enumerated in the subsections below.
B. Definition of compliance: The Department shall follow poli- cies and practices including, but not limited to, those described below.
1. No individual will, on the basis of race, color, religion, sex, or national origin, be denied any benefit provided under an assistance payment program, or be provided a benefit which is different, or in a different manner, from that provided to others under the same program.
2. No individual will, on the basis of race, color, religion, sex, or national origin, be subjected to segregation or sep- arate treatment in any manner related to receipt of any benefit under an assistance payments program, nor will an individual be restricted in any way from any advantage or privilege enjoyed by others receiving benefits under the same program. This includes any distinction with respect to spaces provided for service, waiting rooms, and restrooms. Neither will separate times be set aside on the basis of race, color, religion, sex, or national origin for the provision of assistance.
3. Employees of the Department will not be assigned case- loads or clientele on the basis of race, color, religion, sex, or national origin of the persons being assisted.
4. Criteria or methods of administration shall not subject individuals to discrimination or defeat or substantially impair the objectives of an assistance payments program on the basis of the individual’s race, color, religion, sex, or national origin.
5. The Department shall conduct assistance payments pro- grams in accordance with the requirements of existing laws and regulations, which shall extend not only to those activities which are conducted directly by the Department but also to all related activities which are conducted by other agencies, institutions, organizations, political subdi- visions, and vendors.
6. The Department shall maintain records and submit reports as required by federal authorities to assure com- pliance with regulations. During normal business hours of the Department, access will be permitted to its facili-
ties, records, and other sources of information as may be
ing a written notice and the Statement of Compli-
pertinent to as certain compliance with regulations.
ance to all clientele and other interested persons.
7. The Department will make available to applicants, recipi-
d.
All complaints alleging discrimination because of
ents, and public officials that information required by fed-
race, color, religion, sex, or national origin shall be
eral authorities to appraise such persons of the protections
filed in writing, shall describe the type of discrimi-
against discrimination assured them by the Civil Rights
nation alleged, indicate when and where such
Act of 1964.
alleged discrimination occurred, and describe any
C.
Methods of administration.
pertinent facts and circumstances relating to the
1. The Department shall inform and instruct its staff of obli-
alleged discrimination. The complaint shall be
gations under the Civil Rights Act of 1964, existing regu-
signed by the complainant. All complaints shall be
lations, and the Statement of Compliance by:
addressed to the Director of the Department of Eco-
a. Making copies of all pertinent documents available
nomic Security, who will initiate a thorough investi-
to the entire staff.
gation through established procedure. After the
b. Conducting, as a regular part of the In-service Train-
complaint has been investigated, the Director shall
ing Program:
determine whether or not any discriminatory prac-
i. Meetings to explain to all staff personnel the
tice has occurred. If appropriate, the Director will
intent and meaning of such documents and to
take such action as the Director deems necessary to
instruct them in their obligation to carry out the
correct past practices and prevent future recurrence
policies contained therein.
of such discrimination. The Department shall cease
ii. Orientation of new staff personnel regarding
making referrals or vendor payments to any entity
their responsibilities to comply with the Civil
which does not fully comply with the Civil Rights
Rights Act of 1964.
Act of 1964. The complainant shall be advised in
iii. Periodic reminders of Civil Rights Act require-
writing of the Department’s determination regarding
ments in appropriate staff meetings and memo-
the complaint.
randa or other official correspondence.
i. The Department will maintain a file of
iv. Cultural awareness training to all staff person-
approved facilities, agencies, resources, and
nel concerning ethnic differences among vari-
vendors who have executed Statements of
ous groups residing in Arizona who comprise
Compliance with the Civil Rights Act of 1964.
the Department’s clientele.
Verified complaints will be referred by the
v. Constant review of practices and policies to
Department for corrective action. If, after a rea-
assure that no individual is discriminated
sonable time, such corrective action has not
against because of race, color, religion, sex, or
been taken, the Department will advise and
natural origin.
remove the facility, agency, or vendor from its
2. The Department will inform and instruct other appropri-
approved list of resources.
ate agencies, institutions, organizations, political sub-
ii. The Department will maintain adequate records
divisions, and vendors of their obligations to comply with
to show action taken as a result of each com-
the Civil Rights Act of 1964, existing regulations, and the
plaint and will make this information available
Statement of Compliance filed by the Department as a
to appropriate federal authorities.
condition to their initial or continued financial participa-
iii. Department employees who receive anony-
tion in any assistance payments program. This will be
mous verbal complaints are required to report
accomplished by:
them to their supervisor. The supervisor will
a. Making clear the requirements of the Civil Rights
decide upon further action to be taken in such
Act and implementing regulations and policies to
cases.
fulfill these requirements.
e.
At least once each year, or more frequently for those
b. Determining that the agency, institution, organiza-
cases in which discriminatory practices are alleged
tion, political subdivision, or vendor has executed an
or suspected, a representative of the Department will
assurance in the form prescribed by federal authori-
visit institutions, organizations, political subdivi-
ties which is currently effective and applicable to the
sions, or vendors who participate in a program to
program under which the activity is conducted. This
verify that their practices conform to the Civil
includes the use of memoranda which verifies spe-
Rights Act and the regulations issued pursuant
cific obligations and undertakings or certification of
thereto and as reflected in the Statement of Compli-
compliance on each voucher presented to the
ance. The Department will periodically determine if
Department for payment. Regular on-the-spot
discriminatory practices are engaged in by its per-
checks will be made by the Department’s staff to
sonnel and will take corrective action as required to
assure compliance by any other agency, institution,
ensure that actions are in compliance with the Civil
organization, political subdivision, or vendor partici-
Rights Act and regulations issued pursuant thereto,
pating in an assistance payments program.
as reflected in the Statement of Compliance.
c. The Department will inform its clientele and other
f.
Policies and procedures will provide effective verbal
interested persons that financial assistance and other
and written communication with non-English-speak-
program benefits are provided on a non-discrimina-
ing applicants and recipients. These policies and
tory basis and of their right to file a complaint with
procedures will be made known to all Department
the Department, the federal authorities, or both, if
employees. Supervisors will be required to ensure
they believe that discrimination on the basis of race,
that their staff complies with such policies and pro-
color, religion, sex, or national origin is practiced.
cedures.
Informing clientele will be accomplished by furnish-
g. Assistance payments program information will be disseminated to the general public, using appropriate and effective media to reach minority populations.
h. Department advisory committees will include repre- sentatives of racial and ethnic minority groups to the extent feasible.
i. The Department shall provide data revealing the extent to which members of minority groups are beneficiaries of, participants in, or both, federally funded assistance payments programs.