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Discrimination

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Reference Guide: Accommodating Individuals with Disabilities in the Provision of Disaster Mass Care, Housing, and Human Services

The Reference Guide was originally developed in response to the requirement of H.R. 5441 (PL 109-295), Section 689: Individuals with Disabilities, to develop disability related guidelines for use by those who serve individuals with disabilities in emergency preparedness and disaster relief. This Guide is not intended to satisfy all of the guidance requirements contained in Section 689. Additional guidelines to accommodate individuals with disabilities will be issued in the future.

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Guidance to State and Local Governments and Other Federally Assisted Recipients Engaged in Emergency Preparedness, Response, Mitigation, and Recovery Activities on Compliance with Title VI of the Civil Rights Act of 1964

The United States Departments of Justice (DOJ), Homeland Security (DHS), Housing and Urban Development (HUD), Health and Human Services (HHS), and Transportation (DOT) are issuing this guidance to assist recipients of federal financial assistance engaged in emergency management (e.g., state and local emergency management agencies, law enforcement, healthcare service providers, housing and transit authorities). This ensures that individuals and communities affected by disasters do not face unlawful discrimination on the basis of race, color, or national origin (including limited English proficiency) in violation of Title VI of the Civil Rights Act of 1964 (Title VI).

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Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons

The Department of Homeland Security is finalizing guidance to recipients of Federal financial assistance regarding Title VI’s prohibition against national origin discrimination affecting persons with limited English proficient persons. This guidance is issued pursuant to Executive Order 13166 and is consistent with government-wide guidance previously issued by the Department of Justice.

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Developing a Discrimination Complaints Process

This document outlines the basic elements of a process for receiving and responding to complaints of discrimination from program beneficiaries (e.g., program participants, clients, customers, or consumers, etc.). This document can assist recipients in developing a complaint process for their own organization.

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Sample Policy and Notice of Nondiscrimination for Recipients

Sample policy and notice of nondiscrimination for recipients, provided in Word so that organizations can modify it to fit their needs. Translations provided.

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Notice to Recipients on Nondiscrimination During Disasters

The U.S. Department of Homeland Security (DHS) reminds its recipients of federal financial assistance that are engaged in emergency management (e.g., state and local emergency management agencies, other recipients) and their subrecipients of federal funds, of their obligations to ensure that individuals and communities affected by disasters do not face unlawful discrimination in the provision of federally assisted services to disaster survivors.

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Title VI at DHS

The DHS Office for Civil Rights and Civil Liberties (CRCL) oversees enforcement of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. CRCL coordinates a federally assisted compliance program, and provides guidance and technical assistance to Department recipients to help organizations understand their obligations under Title VI and related civil rights authorities.

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DHS Anti-Harassment Policy

Harassment is prohibited at DHS, and the Department is committed to providing a work environment free from discrimination and harassment.  Harassment includes any unwelcome conduct on the basis of an individual’s race, color, religion, sex (including pregnancy, sexual orientation, gender expression, and gender identity), national origin, age, disability (including an individual’s need for workplace reasonable accommodations), protected genetic information, marital status, parental status, political affiliation, or prior protected Equal Employment Opportunity activity, which interferes with an individual’s work performance or creates an intimidating, offensive, or hostile environment.

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Memo by Secretary Janet Napolitano to all DHS re Anti-Discrimination Policy

Secretary of Homeland Security Janet Napolitano released remarks on September 20, 2011 regarding the DHS Anti-Discrimination Policy Statement.