Ohio Administrative Code
Title 5101:9 - ODJFS Practices
Chapter 5101:9-2 - Civil Rights Requirements and Workforce Complaint Process
Section 5101:9-2-01 - Civil rights plan
Current through all regulations passed and filed through March 18, 2024
(A) Definitions used in this rule.
(B) Compliance for the Ohio department of job and family services (ODJFS) and the county agency.
All programs, services, and benefits that are administered, supervised, authorized, and/or participated in by a county agency shall be operated in accordance with the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975; the Multiethnic Placement Act of 1994, as amended by the Interethnic Adoption Provisions of 1996; the Americans with Disabilities Act Amendment Act of 2008; Title IX of the Education Amendments of 1972 and the Workforce Innovation and Opportunity Act (WIOA) of 2014. The county agency is responsible for ensuring compliance with this rule by all county agency contractors.
(C) No person(s) shall, in violation of state or federal law, on the grounds of race, color, national origin, disability, age, sex, religion, political affiliation or belief, Workforce Innovation and Opportunity Act (WIOA) participation status, or, for beneficiaries only, citizenship status (not all bases apply to all programs) be excluded from participation in, be denied or delayed the benefits or services of, or be otherwise subjected to discrimination under any program, service, or benefit authorized or provided by ODJFS, a county agency, or a county agency contractor.
(D) In carrying out its duties, the county agency shall not discriminate against any employee or applicant for employment because of race, color, national origin, disability, age, sex, religion, political affiliation or belief, WIOA participation status, or, for beneficiaries only, citizenship status (not all bases apply to all programs). The county agency shall ensure that applicants are hired, and that employees are treated during employment without discrimination based on their race, color, national origin, disability, age, sex, religion, political affiliation or belief, WIOA participation status, or, for beneficiaries only, citizenship status (not all bases apply to all programs). Such action includes, but is not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
(E) The county agency and its county agency contractors shall operate each program or activity so that when viewed in its entirety, each program or activity is readily accessible to persons with disabilities and provides meaningful access to persons with limited English proficiency. This shall include, but not be limited to, making the physical facilities accessible to persons with disabilities and providing interpreters at no charge to those beneficiaries who are visually or hearing impaired, or are limited English proficient.
(F) The county agency shall ensure that the opportunity to participate as members of planning, advisory, and policy boards is available to persons in a nondiscriminatory manner.
(G) The county agency and county agency contractors shall develop policies and procedures that ensure that all recruitment and employment practices do not discriminate on the basis of race, color, national origin, disability, sex, age, religion, political affiliation or belief, WIOA participation status, or, for beneficiaries only, citizenship status (not all bases apply to all programs). Its employment practices also must not have the effect of causing discrimination in the delivery of services and benefits under the program.
(H) Delegation of authority.
ODJFS shall administer nondiscrimination laws, rules, and regulations through the following methods of administration: The director of the county agency has the responsibility for implementing and enforcing civil rights laws, rules, and regulations within its service system, including county agency contractors, pursuant to the provisions of this rule and other applicable state and federal laws.
(I) For purposes of administration of the civil rights plan described in this rule, there are two distinct levels of responsibility: ODJFS and the county agency.
(J) Complaints.
(K) The complainant and respondent shall be advised of the results of the investigation, after the completion of the investigation, which includes referral to FNSRO and its concurrence with ODJFS' action. The complainant shall also be advised of the right to file a complaint with any appropriate state or federal civil rights enforcement agency.
(L) The ODJFS-BCR shall maintain records that show the nature of the complaint, the details of the investigation, and the actions taken by ODJFS.
(M) Upon receiving a complaint alleging discrimination, the county agency shall:
(N) Any complaint by an employee of a county agency or county agency contractor that arises under paragraph (D) or (G) of this rule should be filed with either the Ohio civil rights commission and/or the U.S. equal employment opportunity commission. ODJFS has no authority to investigate complaints arising under paragraph (D) or (G) of this rule.
(O) Notice.
The county agency and county agency contractors shall execute, in writing, an assurance that they will comply with all federal, state, and local civil rights laws, this rule, and all policies and procedures of ODJFS.
(P) The county agency and county agency contractors shall have a written nondiscrimination policy that effectively communicates to beneficiaries that the administration, services, assistance, and other benefits of its programs are provided on a nondiscriminatory basis. The county agency and county agency contractors shall, in brochures, pamphlets, or communications that are designed to notify the general public of its services and programs, inform all that the services and programs are provided on a nondiscriminatory basis as required by federal, state, and local civil rights laws. As a result of the organization's commitment to civil rights, the county agency and its contract providers shall also:
(Q) The county agency shall agree to post in conspicuous places, available to employees and applicants for employment, notices stating that the county agency complies with all applicable federal and state non-discrimination laws. The county agency shall, in all solicitations or advertisements for employees placed by or on its behalf, state that all qualified applicants shall receive consideration for employment without regard to race, color, national origin, disability, age, sex, religion, political affiliation or belief, WIOA participation status, or, for beneficiaries only, citizenship status (not all bases apply to all programs). The county agency shall incorporate the requirements of paragraphs (B), (C), (D), and (E) of this rule in all of its contracts, grants, and other agreements, and will require all county agency contractors to incorporate these requirements in all subcontracts and subgrants for work performed for or on behalf of the county agency.
(R) Compliance and monitoring.
ODJFS shall periodically review the county agency's compliance program to ensure that it is providing equal employment opportunities, equal opportunity for participation in all programs, and equal opportunity for receiving benefits and services. HHS, DOL, and USDA will be notified of each annual review. ODJFS shall document and maintain a record of the implementation of these civil rights procedures and the compliance status of the county agency, including county agency contractors, in an annual report.
(S) The ODJFS-BCR shall monitor the county agency and county agency contractors to determine their compliance with the civil rights plan described in this rule in relationship to the population of the agency's service area. The ODJFS-BCR, may however, initiate its own investigation if the regular flow of compliance data alerts ODJFS of a possible problem.
(T) County agency and county agency contractor reviews by ODJFS-BCR shall be conducted periodically, including, but not limited to, the following:
(U) ODJFS reserves the right to perform its lawful obligation by inspecting sites and practices and materials that include, but are not limited to, the following:
(V) The county agency and county agency contractors, as applicable, shall make available to HHS, DOL, and USDA all data and information necessary to determine the agency's compliance with civil rights laws and regulations. Compliance information, where feasible, shall include the following:
(W) Remedial action.
A county agency or county agency contractor found to be in violation of the ODJFS civil rights plan shall be notified in writing within thirty days after completion of the investigation or review. Any action taken by ODJFS to bring the county agency into compliance with the ODJFS civil rights plan will be done pursuant to section 5101.24 of the Revised Code. Examples of remedial action include, but are not limited to, corrective action plans or the withholding of funds. The county agency is responsible for compliance by county agency contractors. ODJFS may take action against the county agency pursuant to section 5101.24 of the Revised Code if the county agency fails to obtain compliance by the county agency contractor.